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HomeMy WebLinkAboutContracts & Agreements_91-2015_CCv0001.pdf REDLANDS UNIFIED SCHOOL DISTRICT CONSULTING or INDEPENDENT CONTRACTOR AGREEMENT FOR OVER $5000 THIS AGREEMENT is made effective on, May 19, 2015, 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. B. 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 1. PERIOD OF AGREEMENT: Shall be from 7/1/15 through 6/30/16. 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 12, 2015, and will diligently, properly and in full compliance perform as required and complete the performance of services by June 30, 2016. 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 employees 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 1 REDLANDS UNIFIED SCHOOL DISTRICT 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 $5760.40. ® 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* 18 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. All 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 publish, 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. 9. 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. 2/24/12 2 REDLANDS UNIFIED SCHOOL DISTRICT (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 an 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 CG20(10/26)0704 and CG20370704,3 pages total, or 20101185 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. 2/24/12 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 appropriate 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 a Redlands, CA 92374 (Signature, Authorized Representative) (Signature, Authorized Representative) Paul W. Foster Brad Mason Mayor Assistant Superintendent, Business Services Chief Business Official TAX ID: 95-600076 909-798-7510 (Telephone) Supervisor/Principal/ District Administrator citycouncil@citvofredlands.org (Email Address) Funding Administrator (if applicable) 415 (Date) (Date) District Board of Education Approval Date: June 16, 2015 District Requisition number: Oeq P.O. number ATTEST: Sam Ir n, City Clerk Rev. 2/24/12 4 LIfeliLlf. DOOlao 1+11 TKCUL ACORDT,., CERTIFICATE OF LIABILITY INSURANCE DATE(NMIODTYYYY) 4/22/2015 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lysandra Jones-Hemmers Nub International Pn"Icc1N Ext):909-379-1333 aC Ne: 909-533-2266 470 E.Highland Ave. E-MAIL I Sandra.hemmers hubinternationa[.cam Redlands,CA 92373 ADDRESS: Y @ 909 793-2373INSURER(S)AFFORDING COVERAGE NAIC# INSURERA'Starr Indemnity& Liability Co 38318 INSURED INSURER 8: City of Redlands HR Department INSURER C: INSURER D: P.O. Box 3005 INSURER E: Redlands,CA 92373 INSURER F! COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL Us R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDNYYY MMIDOIYYYY LIMITS GENERAL LIABILITY EEAACCH��OFCCURRR�ENCE $ COMMERCIAL GENERAL LIABILITY PREMISE Ea oNcn�i enca S CLAIMSd.,A.E r-1 OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S POLICY JECT PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a,d.nt ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Par accldenl) S AUTOS AUTOS NON•OWNED PROPERTYOAMAGE HIREDAUTOS AUTOS Peracddent $ $ A UMBRELLA LIAB X OCCUR 1000005245 7101/2014 07/011201f EACH OCCURRENCE $10,000,000 X I EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X RETENTION$1,000.000 $ WORKERS COMPENSA71ON I WC STA -. OTH- ANO EMPLOYERS'LIABILITY YIN Adk ANY PROPRIETORIPARTNERIEXECUTNE E.L,EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? El NIA (Mandatory In NH) E.L.DISEASE-E4 EMPLOYEE $ I=.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101.Additional Remarks Schedule,it more Space is required) Re:Verification of Insurance Additional Insured&Waiver of Subrogation included per policy forms PE 1016(10-10)&PE 1108(11-10) where required by written contract 'Special Excess Liability covering Auto,General Liability,Law Enforcement&Public Official Liability CERTIFICATE HOLDER CANCELLATION Redlands Unified School District SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 3008 ACCORDANCE WITH THE POLICY PROVISIONS. Redlands,CA 92373 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3464902/M2969498 LH47 *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL: INSURED - SCHEDULED CONTRACTS This endorsement modifies insurance provided under the following: SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES The following is added to SECTION 11.WHO IS AN INSURED: Any person(s),entity(ies), or organization(s)listed in the Schedule below to whom the Named Insured is obligated by.virtue of an insured contract to provide insurance solely with respect to bodily injury and property damage. However, this insurance for those listed below will apply only to bodily injury and property damage required within the terms of the insured contract. The Limits of Insurance afforded under this endorsement to such scheduled person(s), entity(ies), or organization(s) will be limited to the Limits of Insurance required within the terms of the insured contract or the Limits of Insurance of this Policy, whichever is less, and will apply in excess of any underlying insurance or your retained limit shown in the Declarations. We will not be obligated for Limits of Insurance shown in the insured contract that are greater than the limits of insurance of this Policy. SCHEDULE OF ADDITIONAL INSUREDS ADDITIONAL INSURED INSURED CONTRACT CONTRACT DATE Where required by written 07/01/14 Contract I PE 1016(10-10) Page 1 of 2 1111 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. j ..Includes copyrighted material of ISO Properties,Inc.,used with Its permission *Starr Indemnity & Liability Company Dallas,TX 1-866-519-2522 Signed for STARR INDEMNITY&LIABILITY COMPANY Charles H.Dangeio, President Nehemiah E. Ginsburg,'Genera�counsef i i i i i i i PE 1016 (10-10) Page 2 of 2 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. q Includes copyrighted.material of ISO Properties,Inc.,used.with•its permission- 1• *Starr Indemnity & Liability Company Dallas,TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ! This endorsement modifies insurance :rovided under the following: 9 SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES SCHEDULE ! Name Of Person Or Organization: I Where required by written contract I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to item N. Transfer of Rights if Recovery Against Others To Us under SECTION VI. CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. :I PE 1108 (11.10) Page 1 of 2 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Signed for STARR INDEMNITY& LIABILITY COMPANY 161 Charles H.Dangelo, President Nehemiah"E.:Ginsburg,Genera. ounsel k PE 1108 (11-10) Page 2 of 2 Copyright©C.V.Starr&Company and Starr indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its-permission. 1-IIeni3F: nzsDfsts t;11 YKELJL a A'CORD,r. CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 4122/2x22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N'A'M"E" Lysandra Jones-Hemmers Hub International AICC Ne Ext:909-379-1333 uC No: 909-533-22fi6 Re a Highland Ave. EMAIL I sandra.hemmers Hubinterinational.com Redlands,CA 92373 ADDRESS: Y @ INSURER(S)AFFORDING COVERAGE NAIL# 909 793-2373 INSURER A:Safety National Casualty Corp 15105 INSURED INSURER B: City of Redlands HR Department INSURER C: P.O.BOX 3005 INSURER D: Redlands,CA 92373 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LTR INSR VW13POLICY NUMBER MMIDDNYYY MM113OlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY YREtv11SES Ea oceTurronco $ CLAIMS-MADE F OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ POLICY PRO. LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddenl ANYAUTO BODILY INJURY(Per person} $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIREDAUTOSAUTOS Peraccidenl $ q $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ 1 $ WORKERS COMPENSATION I WC STATU- DTH. AND EMPLOYERS'LIABILITY YINr. FR ANY PROPRIETORIPARTNERIEXECUTNE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? Li NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If es,desaibo undor DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Excess Workers SP4051282 7/01/2014 071011201t Employers Liability Max Compensation and limit of Liab.per Oce& Employers Liab A :$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 161,Addilfonal Remarks Schedule,if more space is required) Re:Verification of Insurance Self Insured Retention:$1,000,000 per Occurrence; Workers Compensation Limit of Liability:$25,000,000 Maximum Limit of Indemnity per Occurrence; Waiver of Subrogation as required by written contract perform 0456 04 XWC(9108)attached. CERTIFICATE HOLDER CANCELLATION Redlands Unified School District SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 3008 ACCORDANCE WITH THE POLICY PROVISIONS. Redlands,CA 92373 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3464899/M2969506 LH47 R 0458 DO 0908(XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 1201 A.M.,Local Time, July 1, 2014 In consideration of the payment of premium and adherence by both parties to the term of this Agreement, it is hereby understood and agreed that the Egggygly From Others section of this Agreement is amended to include the following additional language; The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreementfrorn the CORPORATION. This agreement shall not operate directly or Indirectly to benefit anyone not named in this Agreement. Ali cther terms,condAbris,agreements and stipulations remain unchanged. -Attached to and forming a part of Excess Workers' Compensation and Employers'Liability Insurance Agreement Nb_SP 4049171;issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF REDLANDS,dated July 01.2013, SAFETY NATIONAL CASUALTY CORPORATION President Secretary