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HomeMy WebLinkAboutContracts & Agreements_91-2018REDLANDS UNII Ih.D SCI IOOI DISTRIC`1 AGREEMENT FOR CONSULTANT SERVICES FORM FOR OVER $5000 INSTRUCTIONS FORM Fill out agreement form completely, with dates, times fees, the Consultant's signature and your Site Administrator (and fund administrator, if necessary) Assistant Superintendent, Business Services (CBO) who is a bod authorized contract signer will Co-sign the documents AFTER the Board meeting authorizing the agreement The signed documents will be returned to you after approval by the board with a copy of your purchase order 2 CONSULTAN`1 QUALIFICATIONS Please give a brief summary of consultant's qualifications below both in education and experience, and the name of the management code/funds to be charged 3 REQUISITION Please submit an electronic requisition for payment of consultant Please send this attachment, Certificates of Insurance (naming us additionally insured), and agreement with the requisition number noted: on it along the path of the Requisition Each approver must seethe agreement in order to approve your requisition Business Services will insert the Board approval date on your requisition after agendizing the agreement The requisition and agreement MUST BOTH be received in Business Services for the Agreement to be agendized (You DO NOT need to attach a printed copy of the requisition to the agreement ) IF you have any issues obtaining the Property and Liability Insurance or Workers Compensation Insurance please call Purchasing BEFORE submitting your requisition 4 CONSULTANT REQUEST FOR PAYMENT FORM Please give the consultant a Payment form (also included in this file) for submittal after services are performed Consultant will need to return this payment form to YOUR department and it will need to be signed by an administrator to verify that services have been received Please complete your site info on this form before you send it to the consultant It they have their own invoice that is also acceptable for them to use b IMPORTANT Agreements for consultant services roust be Board approved BEFORE services are rendered: If the agreement forms are submitted to Business AFTER date of service, you MUST attach a statement to this agreement form signed by your administrator indicating why this happened 6 PLEASE DOTE This form is for outside consultants ONLY Employees of RUSD or any school district will need to submit a Request To Employ" form though Human Resources ftA#A#f Rf fARAA?A•f ARf A#ARAwf4A}AAFPRRfid RRRRRRRRRA•AAR RARE sxlSftAARR RRfi RAAf RfAA#f RRf AfifRRf#ffA MEMORANDUM Req From Student Services School/Dept Code f=und (management code) Consultant will be working individually with students unsupervised (Attach criminal records check form, proof of TB and finger print clearance ) X will be working individually with students while site staff supervises will not be working individually with students will be working with students more than 5 times (attach proof of TB test clearance) Consultant Qualifications; (for board description) THIS PAGE TO BE COMPLETED BY REDLANDS UNIFIED SCH. DISTRICT Rev 2%24/12 0 RI D[ ANDS [ NII ILD".)( I1001_ DllS I RK I CONSULTING or INDEPENDENT CONTRACTOR AGREEMENT FOR OVER $5000 THIS AGREEMENT is made effective on, June 12, 2410, and it is made by and between The City of Redlands, hereafter called "Consultant OR Contractor," and the Redlands Unified School District, hereafter called "District" RECITALS A The District desires to obtain special services and advice regarding accounting, administrative, economic, engineering, financial, legal and like matters, as provided in this Agreement 6 The Consultant is specially trained, experienced qualified, competent and authorized under State and Federal law as applicable, to provide the special services and advice required by the District Accordingly, the parties agree with the above and as follows AGREEMENTS PERIOD OF AGREEMEN"I Small be fTom 818118 through 6/30/19 2 In consultation and cooperation with the District, the Consultant shall provide professional and diligent services consistent with generally acceptable industry practices or better as follows The Redlands Police Department will provide 18 site visits to secondary school sites utilizing a non-aggressive contraband detecting canine 3 The Consultant will commence providing services under this Agreement on August 8, 2018, and will diligently, properly and in full compliance perform as required and complete the performance of services by June 30, 2019 Time shall be of the essence in the performance of this Agreement If the Consultant at any time during the term of this Agreement becomes noncompliant with any of the terms and conditions hereof or noncompliant with any applicable regulatory requirement including any suspension, revocation or termination of any permit, certification or license which is required in order for the Consultant to properly perform under this Agreement, then the Consultant shall immediately notify the originating department, copying the notification to Purchasing in writing at 20 W Lugonia, Redlands, CA 92399 4 INDEPENDENT CONTRACTOR The Consultant is an independent contractor and will perform said services as an independent calling and not as an employee of the District Accordingly, nothing in this Agreement shall be construed as establishing a relationship of employer and employee, or principal and agent, between the District and the Consultant or between the District and any of Consultant's agents or employees Consultant is solely responsible for its own acts and the acts of any of its agents or Qmplpye es as they relate to any services provided Consultant and its agents and employees shall not be entitled to any rights and or privileges of the District's employees and shall not be considered in any way to be the employees of the District Each party acknowledges that the Consultant is not an employee for state or federal tax purposes, State Unemployment Compensation or Worker's Compensation, or any other purpose 5 The District will prepare and furnish to the Consultant upon request such existing information as is reasonably necessary for the performance of the Consultant The Consultant shall provide its own equipment, vehicle, materials supplies, food, incidentals and tools, etc which may be required for the proper performance of this Agreement Each party shall cooperate with the other party Rev 2/24/12 ltl- DI ANDS UNH IED SCHOOL DIS l RIC t 6 PAYMENT The total amount to be paid to the Consultant for any and all services satisfactorily rendered inclusive of all expenses supplies and materials pursuant to this Agreement shall not exceed $576000 © If this is an Agreement to pay the Consultant by the hour, then this box shall be checked and the per "visit" rate indicated as follows # 1$ visits X $320 00 per visit It is the sole obligation of the Consultant to ensure that the sum of the hours worked multiplied by the hourly rate does not exceed the total not to exceed amount authorized under this Agreement The total not -to -exceed amount and any hourly rate of the Consultant shall be inclusive of any and all expenses such as overhead and profit, fees, subcontract costs, automobile insurance to the amount required under California State law or more, materials supplies, taxes, workers compensation, mileage travel incidentals food and the like Payment shall be made to the Consultant within thirty (30) days after receipt of a fully supported and detailed invoice which clearly indicates as applicable, any progress completed, milestones achieved, any reports (draft, preliminary or final) issued, dates worked, increments of hourly work (rounded to the nearest quarter hour increment) subcontract cost, etc The District will not be obligated to make more than one (1) payment to the Consultant each month 7 Ali reports studies information, data, statistics, forms, designs, plans, procedures, systems, work products and other materials produced by Consultant under this Agreement shall be the sole and exclusive property of District No such materials produced, either in whole or in part, under this Agreement shall be subject to private use, copyright or patent right by Consultant in the United States or in any country without the prior written consent of the District The District shall have unrestricted authority to oublish, disclose, distribute, transfer and use copyright or patent any such materials produced by Consultant under this Agreement 8 TERMINATION The District may at any time and for any reason suspend performance by the Consultant or terminate this Agreement and compensate Consultant only for services satisfactorily rendered to the date of such suspension or termination Written notice by the District shall be sufficient to suspend or terminate any further performance of services by the Consultant The notice shall be deemed given when received upon electronic confirmation of a facsimile transmission, or no later than three days after the day of mailing, whichever is soonest Upon receipt of any notification of termination by the District the Consultant shall promptly provide and deliver to the District any and all work product in progress or completed to date including any reports, drafts, electronic information or the like to the District Unless otherwise identified, notice will be provided to the address shown at the signature block area on the last page of this Agreement Facsimile notices shall be accepted 0 INDEMNIFICATION The Consultant agrees to and shall hold harmless and indemnify the District, its officers, agents, and employees from every claim or demand made and every liability or loss, damage, or expense of any nature whatsoever, which may be incurred by reason of (a) Liability for damages for death or bodily injury to person, injury to property or any other loss, damage or expense sustained by the Consultant or any person, firm or corporation employed by the Consultant upon or in connection with the services called for in this Agreement except for liability for damages referred to above which result from the sole negligence or willful misconduct of the District, its officers, employees, or agents (b) Any injury to or death of persons or damage to property, sustained by any persons, firm or corporation including the District, arising out of, or in any way connected with the services covered by this Agreement whether said injury or damage occurs either on or off school district property, except for liability for damages which result from the sole negligence or willful misconduct of the District its officers, employees, or agents Rev 2124112 2 REDLANDS UNIFIED SCHOOL DISTRIC] (c) Any and all claims under worker's compensation acts and other employee benefit acts with respect to Contractor's employees or subcontractor(s) arising out of Contractor's work under this Agreement, The Consultant, at Consultant's expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees on any such claim demand or liability and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents, or employees in any action, suit or other proceedings as a result thereof 10 INSURANCE During the term of this Agreement, the Consultant shall maintain liability insurance in ars amount not less than $1,000 000 unless otherwise agreed in writing by the District, automobile liability insurance to the amount required under California State law or more, and Workers Compensation as required under California State law The Consultant shall provide certificates indicating applicable insurance coverages within ten (10) days of the effective date of this Agreement NAMING THE DISTRICT AS ADDITIONALLY INSURED with the endorsement on form (,620(10126)0704 and CG20370704, 3 pages total, or 20101195 2 pages total a X Certificate of Insurance Attached b X Workers Compensation Certificate Attached OR C Sole Proprietor/ NO Workers Comp Certificate Needed d Proof of TB clearance for all employees working individually with students e Criminal records check Department of Justice Fingerprint Clearance is required before commencement of services, see form attached IF working individually with students unsupervised 11 The Consultant shall maintain and preserve any and all written and electronic records relating to this Agreement including without limitation, invoice support (e g , hours and days worked and other detail) for a period of not less than three (3) years after final payment under this Agreement The District, its employees and agents and the Office of the State Auditor shall have the right to audit, examine, inspect and copy any and all of Consultant's records relating to this Agreement at any time during normal business hours Additionally, pursuant to Government Code Section 8546 7, the Consultant is hereby advised that every contract involving the expenditure of public funds in excess of ten thousand dollars ($10 000 00) shall be subject to examination and audit of the State Auditor as specified in the code 12 ASSIGNMENT This Agreement is not assignable or delegable by either party, except upon the prior written consent of the other party 13 COMPLIANCE AND CERTIFICATION The Consultant shall comply with all applicable District federal, state, and local laws rules, regulations, policies and ordinances and workers' compensation laws The Consultant represents and warrants it does not have any potential, apparent or actual conflict of interest relating in any way to this Agreement The consultant and any of its employees and/or subcontractor(s) are NOT presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any agency 14 The Consultant, if an employee of another public agency certifies that Consultant will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually performed pursuant to this Agreement 15 Any modification of this Agreement shall be effective only if it is in writing and signed by the parties, except that the District may unilaterally amend this Agreement in writing to accomplish the following changes a) Increase dollar amounts, b) Effect administrative changes, and c)Effect other changes as required by law Rev 2124/12 3 REDLANDS UNIFIED SCHOOL DISTRICT 16 This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior or contemporaneous oral or written Agreements 17 GOVERNING LAW This Agreement shall be governed and construed by the law of the State of California regardless of any conflicts of laws or rules that would require the application of the laws of another jurisdiction Venue shall be in San Bernardino County, California 18 CONFIDENTIALITY All communications and information obtained by the Consultant from the District relating to this Agreement and all information developed by Consultant under this Agreement are confidential Should there be a need for the Contractor to maintain on its server(s) and/or other data storage media personnel and/or student information protected by the Family Educational Rights and Privacy Act Regulations 34 CFR Part 99 (FERPA) or the Health Insurance Portability and Accountability Act (HIPAA), Contractor must take appropnate measures to ensure the security of said information and maintain its confidentiality according to applicable regulations Authorized representatives of the parties have executed this Agreement as indicated below CONSULTANT- DISTRICT City of Redlands Redlands Unified School District 35 Cajon Street 20 West Lugonia Avenue Redlands, CA 92373 Redland A 923 ignature, Authorized Representative) (Sign kj:rM t tTcV ize pr6isentative) Paul Foster Bernard A Cavanagh Mayor Assistant Superintendent, Business Services Chief Business Official TAX ID, 95-600076 909-798-7510 (Telephone) 2 tycouncil@cityofredlands. org (Email Address) (Date) Supervisor/Principall District Administrator Funding Administrator (if applicable) July 11, 2018 (Date) District Board of Education Approval Date District Requisition number. P.O. number Rev 2/24112