HomeMy WebLinkAboutContracts & Agreements_65-2014_CCv0001.pdf REDLANDS UNIFIED SCHOOL DISTRICT
CONSULTING or INDEPENDENT CONTRACTOR AGREEMENT
FOR OVER $5000
THIS AGREEMENT is made effective on May 27, 2014, 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 7/1/14 through 6/310/15.
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 13, 2014, and will
diligently, properly and in full compliance perform as required and complete the performance of
services by June 30, 2015. 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.
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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
$6,000.00.
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,_rJ 2373 Redlands, C 92374
(Signature, Auth ized Representative) (Signature, Authorized Representative)
Pete Aguilar Brad Mason
Mayor Assistant Superintendent, Business Services
Chief Business Official
TAX ID: 95-600076
909-798-7510
(Telephone)
Supervisor/Principal/ District Administrator
citycouncilC�-cityofredlands.org
(Email Address)
Funding Administrator (if applicable)
ATTEST:
Sam Ir I JCity Clerk
(Date) (Date)
District Board of Education Approval Date: May 27, 2014
District Requisition number: P.O. number
Rev. 2/24/12 4
REDLANDS UNIFIED SCHOOL DISTRICT
CONSULTANT REQUEST FOR PAYMENT
To: Administrator of Redlands Unified School Dist./ District Office Date:
Student Services
P.O. Box 3008
Ca 92373-1508
From: City of Redlands Phone: 909-798-7510
36 Cajon St Redlands, Ca 92373
Date/s of Service: P.O. #
Description of Service: Non-aggressive contraband detecting canine services.
Payment is requested for (#of days, hours, etc) at the rate of$ per
in the total amount of$
This claim is for(check one): Partial Payment Final Payment
The following certificate must be completed by individual consultants(consultant firms should disregard it):
I certify that I am_, I am not (check one)drawing pay as a retired member of the California State Teachers'
Retirement System (STRS). If an employee of a federal, state, or local government agency, I certify that all services for
which payment is now being claimed were rendered at time other than my regular assigned workday for that agency.
SOCIAL SECURITY#1TAX I.D. NUMBER
Signature of Consultant (W-9 attached must be completed for
payment to be processed)
DISTRICT AUTHORIZATION OF PAYMENT
I hereby certify that the above named consultant has performed services as claimed and is entitled to payment as
specified above.
Authorized Signature(Administrator/Principal/District Administrator) Date
Consultant shall send request for payment to Originating Department[Site.
DEPARTMENTISITE SHALL SEND COMPLETED I SIGNED REQUEST FOR PAYMENT TO
ACCOUNTS PAYABLE.
Rev. 2/24/12 6
REDLANDS UNIFIED SCHOOL DISTRICT
W-9 Form
Taxpayer Identification Number Request
Under Federal regulation 1604-1, you are required to provide us with your taxpayer identification number(TIN). If you
fail to furnish this information you may be subject to a$50 penalty and imposed by the IRS and all payments made to you
and/or your firm will be subject to a 30%backup withholding. We are required to obtain your TIN even if you are not
subject to Form 1099 reporting.
The 30% backup withholding will be deducted from our payments to you and sent to the IRS. Backup
withholding is not a failure to pay you; it is an advance tax payment, which you can take as a credit when you
file your federal income tax return.
Instructions: Complete Part lbelow that corresponds to your tax status. Complete Part 2 if you are exempt
from Form 1099 reporting. Part 3 sign, date and return form.
Part 1 TAX STATUS(complete applicable area)
Individuals(please print)
Name I Social Security No.
Sole Proprietor(Enter your individual name as shown on your social security card. You may enter your business,trade,
or"doing business as"name on the business name line)
Business Owner's Name Employer Identcation No. or SSN Business or Trade Name
(If you complete this section for Sole Proprietor,please also complete the section for Individuals. This information is required for the State of California Independent
Contractors Report.)
Partnership(Enter the trade or business name of the partnership,or if none,the last name of the first partner listed on
Form 554 on which the IRS issued the TIN)
Name of Partnership Employer Identification No Partnership Name on IRS records
Corporation(Enter the business name as shown on required Federal tax documents)
Name of Corporation.or Entity Ent ptow Identification No.
Part 2 EXEMPTION:
Check if exempt from Form 1099 reporting and circle your qualifying exemption:
1. Corporation(other than medical/health care or legal services provider)
2. Tax Exempt Charity 501 (a)or IRS
3. A State,District of Columbia,a U.S. possession or any political subdivisions
4. A foreign government or any of its political subdivision
Part 3 CERTIFICATION:
I certify under penalty of perjury,the Tax Identification Number is correct.
Person completing this form Telephone(____)_
Signature Date
Rev. 2/24/12 7
REDLANDS UNIFIED SCHOOL DISTRICT
Sample Certificate of Liability Insurance
Rev. 2/24/12
REDLANDS UNIFIED SCHOOL DISTRICT
~� DATE (3C,MD YYYYj
L' CERTIFICATE OF LIABILITY INSURANCE
02/2112012
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 PRODUCERS AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certtficate Molder is an ADDITIONAL INSURED,the policylies)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 NAME: - Matt Evans
P"H"ON"E"
WAYNE EVANS INSURANCE AGENCY I(AC- N., E4, (909) 795-9885 (AAD, 11.1;t909) 14s-998E
ADanevans@aol.com
34590 County Line Road, #6 ADDRESS: mattryanevans@aol.com
PRODUCER -
CUSTOMER it) C
Yucaipa CA 92399- INSURER(S),AFFORDING COVERAGE NAIC#
INSURED :NsuRER A .GEMINI INSURANCE COMPANY
Enka Systems Inc. NSURER s TRAVELERS CASUALTY INSURANCE CO 19046
1001 S. Arrowhead Ave NsuRER c EMPLOYERS COMPENSATION INS CO 21512
INSURER D ksjl
INSURER £
San Bernardino CA 92408- 1041filtellF :
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 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 TEFLMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NOR TYPE OF INSURANCE -A SURR POLICY EFF POLICY EXP CHASTE
LTR NSR VIVO POLICY NUMBER IMlU04iYYYY( (MMiDaYYYY)
A :GENERAL LIABILITY Y EGL0000266-04 0110112412 01.!01/2013 EACHOCCURRENCE S 1,000,000
}..COMMERCIAL GENERAL LIABILITY
To RENTEDITY - I 1 1 PREMISES(€a Occurrence) S 100,000
CLANS-MADE X OCCUR 1 1 t 1 MED EXP;Arty ane Gerson; S 5,000
PERSONAL s ADV NJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: f 'r PRODUCTS-C°OMPIOP AGG S 3,000,000
X POLICY PRO- -LOC 1 1 ! 1 g
B AUTOMOBILE LIABILITY RA 4263W34A 12 SEL 01101/2012 01/01/2013 COMMOWED SINGLE LIMIT 1,000,000
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UMBRELLA LIAR - OCCUR � 1 !.. j EACH OCCURRENCE S
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RETEN?ION
WORKERS COMPENSATION ;rTG 1E25i50-00 Ct1;41!2412 U1101/2G13 - CSTAT;i OTH-
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WITH RESPECT TO THE COMMIAL LIABILITY PLAN REFERENCED ABOVE CERTIFICATE HOLLER IS INCLUDED AS ADDITIONAL INSURED
BUT ONLY TO THE EXTENT THAT CERTIFICATE HOLIDER IS HELD LIABLE FOR THE NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE NAM D
INSURED
RE: HIGHLAND GROVE ELRbSYTARY SCHOOL, 7700 ORANGE STREET, HIGHLAND, CA 92346
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE MEE BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
REDLANDS UNIFIED SCHOOL DISTRICT
P.O. BOX 3005
AUYt#DRIZEO REPRESE'#TAitYE
REDLANDS CA 92373-
ACORD 25(2009109) ,D 1988-2009 ACORD CORPORATION. All rights reserved.
Igen?pi ry.®^r. Tho AC;ORn narna anrt Gtnn era r ief rnet —1— ^f ArnOrS
Rev. 2/24112 9