WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
Transition Services Department
2625 Barnard Street, T1
Richmond, CA 94806
(510) 231-1432 / Fax (510) 222-8354
COMMUNITY TRAINING SITE
STUDENT WORK AGREEMENT
BETWEEN
TRANSITION SERVICES DEPARTMENT
AND
Hercules Senior Center 111 Civic Drive, Hercules CA 94547 (Name of Company) (Address)
This Agreement is made and entered by and between the West Contra Costa Unified School District ("District") and Hercules Senior Center (hereinafter "Company") 08/26/2024. The purpose of this Agreement is to achieve the goal of providing community-based instruction in an employment setting for District special education students.
Company desires to receive services provided by District students and District desires to provide community-based instruction services to students in a work place setting. Accordingly, it is mutually agreed by and between the parties as follows:
1. SCOPE OF PARTIES DUTIES:
a. District will develop a job description, calendar and daily schedule for District students to perform job tasks (hereinafter "Student Workers") as described in this Agreement. b. District shall provide 2-4 Student Workers to perform job tasks as defined in the job description referenced in Section 1.a. of this Agreement.
C. Student Workers will perform job tasks at a site designated by District for 4 _ hours a day and 4_ days a week, subject to the calendar referenced immediately above in Section 1.a of this Agreement. During the Extended School Year, Student Workers will perform job tasks for 3 hours and 4_ days a week.
d. District will x will not _ provide a District-paid on-site trainer as mutually agreed by the parties. District will provide an on-site trainer on an as-needed bases, and if provided, the District on-site trainer will provide on-site supervision jointly with Company employees, as wel as providing training and evaluation of the Student Worker's performance. e. District's on-site trainer, if provided, will work with Company's manager or designee in learning all aspects of the job tasks created by Company and teaching those job skills to the Student Workers.
f. District will compute and determine appropriate wages for Student Workers, in accordance with state and federal labor laws relevant to minimum wages.
District, at its expense, will provide workers' compensation coverage for Student Workers in accordance with California Labor Code 3368.
h. Work permits, if necessary, will be certified by District. 1 i. District will pay Student Workers as follows: City of Richmond CA Minimum Wage j. The District on-site /off-site supervisor will briefly explain the systematic training and fading procedures for the Student Workers to Company. Company will involve its supervisors or coworkers in Student training, if feasible, and briefly explain training and fading procedures. k. Company will provide work for Student Workers as referenced in the job description referenced in Section 1.a of this Agreement.
1. Company will provide all tools and equipment necessary for Student Workers to perform the job tasks contained in the job description referenced in Section 1.a. of this Agreement. m. Company will provide a safe and clean work environment that complies with all Cal-OSHA and OSHA laws and regulations relevant to the subject work location. n. Company will provide orientation to the Company's employees regarding Student Workers' disabilities, and will explain behavioral characteristics of Student Workers as well as the program's objectives.
o. Company will allow integration of Student Workers in the work place and allow for socialization with Company's workforce, thereby providing appropriate work role models.
P. Company will address Student Workers' job modifications, if necessary, with the District's on/off- site trainer.
Company supervisors and/or co-workers will provide feedback and evaluation of Student Workers' progress when requested or appropriate.
r. Company will provide feedback to District program administrator/manager to ensure program quality is maintained through implementation of goals and objectives. s. Company will not reimburse the District for payments made by the District to its Student Workers according to the following terms:
2. DISCRIMINATION:
District and Company and/or any of their respective employees shall not discriminate because of race, religion, color, national origin, disabilities, marital status, age, gender or sexual orientation against any person by refusing any person a privilege offered to or engaged by the general public.
3. INDEMNITY/HOLD HARMLESS:
District agrees to indemnify and defend, with legal counsel approved by Company, and hold harmless Company, its Board members, officers, employees, volunteers, agents and representatives, from all liability, damages, actions, losses, costs, claims or expenses, or injuries to any person caused by District, its employees, agents, students or representatives (including, without limitation, all expenses of investigation and defense of any such claim or action, including reasonable attorneys' fees and costs) in connection with or arising out of the performance of this Agreement. Company agrees to indemnify and defend, with legal counsel approved by District, and hold harmless District, its Board members, officers, employees, volunteers, agents and representatives, from all liability, damages, actions, losses, costs, claims or expenses, or injuries to any person caused by Company, its employees, agents or representatives (including, without limitation, all expenses of investigation and defense of any such claim or action, including reasonable attorneys' fees and costs) in connection with or arising out of the performance of this Agreement.
2 4. INSURANCE:
District shall maintain in full force and effect during the term of this Agreement, and at no cost to Company, general liability on an occurrence form with limits not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage liability combined with a two million dollars ($2,000,000) annual policy aggregate, and shall provide evidence of such to Company a certificate of insurance with an endorsement page naming said company as an additionally insured. Company shall maintain in full force and effect during the term of this Agreement, and at no cost to District, general liability on an occurrence form with limits not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage liability combined with a two million dollars ($2,000,000) annual policy aggregate, and shall provide evidence of such to District a certificate of insurance with an endorsement page naming District as an additionally insured.
5. AGENCY RELATIONSHIP:
This Agreement is not intended to, and shall not, create the relationship of principal-agent, master-servant, or mployer-employee between Company and District, nor shall this Agreement create a partnership, joint venture, o sociation between Company and District. The students performing services for Company, pursuant to this Agreement, are and shall remain for all legal purposes, Student Workers of the District on assignment at a Company location.
6. MODIFICATION:
Notwithstanding any of the provisions of this Agreement, this writing contains the entire agreement between the parties hereto, and there exist no other agreements or understandings, written or oral. This Agreement may not be changed or modified except in writing and signed by the parties hereto.
7. COPIES OF AGREEMENT:
This Agreement may be executed in counterparts, each of which shall be deemed a duplicate original.
8. TERM AND TERMINATION OF AGREEMENT:
The term of this Agreement shall be for a period commencing _08/26/2024 and ending on 07/24/2025. It is agreed by each party that this Agreement may be terminated by either party without cause or legal excuse provided that such party desiring termination gives fifteen (15) days written notice to the other of said party's desire to terminate.
Any notice of termination given by either party shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid and addressed as follows:
TO: West Contra Costa Unified School District
Transition Services Department
2625 Barnard Street, T1
Richmond, CA 94806
Attn: Ken Talken
Phone: (510) 231-1432
Fax: (510) 222-8354
To: Hercules Senior Center
111 Civic Drive
Hercules, CA 94547
Attn: Kristina Griffith, Senior Center Coordinator
(510) 799-8293
3 The address to which the notices are sent may be changed by either party advising the other in writing of suck hange. Nothing herein shall preclude the giving of any notice by personal service IN WITNESS THEREOF, the parties affix their signatures hereto:
COMPANY REPRESENTATIVE: DISTRICT REPRESENTATIVE:
By: By:
(Signature) (Signature)
Print Name Print Name
Print Title Print Title
Date: Date:
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