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HomeMy WebLinkAboutContracts & Agreements_171-2009_CCv0001.pdf KEULANDSUNIFIED SCHOOL DISTRICT AGREEMENT FOR CONSULTANT SERVICES FORM FOR USE WITH OTHER SCHOOL DISTRICTSICOUNTY SUPERINTENDENT OF SCHQ0LSICOUNTyOR CITY ENTITIES FOR OVER $5008 INSTRUCTIONS 1FORM: Fill out agreement form C8rDp(et8(y, with d8tes, times, fees, the Consultant's signature and your Site Administrator (and fund @dDliDiStngtO[. if necessary). Assistant Superiniend8nt, Business Services ((|BO) who is aboard authorized contract signer will co-sign the documents AFTER the Board meeting authorizing the agreement. The signed documents will bereturned toyou after approval bythe board with 8copy ofyour purchase order. 2. CONSULTANT QUALIFICATIONS: Please give 3brief summary Vfconsultant's qualifications below both in education and experience, and the name of the management code/funds to be charged. 3. REQUISITION: Please submit onelectronic requisition for payment ofconsultant. Please send this attachment 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 tobeaQendized. (You DDNOT need foattach aprinted copy ofthe requisition tothe agreement,) 4CONSULTANT REQUEST FOR PAYMENT FORM: Please give the consultant aPayment form (also included inthis file) for submittal after services are performed. Consultant will need toreturn this payment form toYOUR department and iiwill need 1obe signed byanadministrator tover|fv that services have been received. Please oonnp|e1eyour site info onthis fOrnn you send ' to the consultant, ----- 5. IMPORTANT: Agreements for consultant services must be Board approved BEFORE services are rendered. |fthe agreement forms are submitted toBusiness AFTER date ofservice, you MUST attach o statement to this agreement form signed by your administrator indicating why this happened. G PLEASE NOTE: This form iefor outside consultants ONLY, Employees ofRUSO or any school district will need to submit a "Request To Employ" form though Human Resources. MEMORANDUM Req # From: DEpARTAOENT/SITE Schoo//[]ept. Code: Fund: ____ (management code) Consultant Qualifications: /xc��m\���om*n/u\noaoCuui^*pmgramuoc REDLANDS UNIFIED SCHOOL DISTRICT CONSULTING AGREEMENT FOR USE WITH OTHER SCHOOL DISTRICTSICOUNTY SUPERINTENDENT OF SCHOOLSICOUNTY OR CITY ENTITIES FOR OVER $5000 THIS AGREEMENT is made effective on November 3, 2009, and it is made by and between the City of Redlands, hereafter called "Consultant," and the Redlands Unified School District, hereafter called "District." RECITALS A. The District desires to obtain special services 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 r. 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. 2, The Consultant will commence providing services under this Agreement on November 3, 2009, and will diligently, properly and in full compliance perform as required and complete the performance of services by June 30, 2010. 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. 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 or any other purpose. 4. 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, 5- 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, :II ,%VIeclnents.USD Canine prog-Fam doc 2 K£L}LA0DSUNIFIED SCHOOL D1ST&l[r If this is an Agreement to pay the Consultant by the hour, then this box shall be checked and the hourly rah* indicated as follows: 18 visits X $320.00 per visit. It is the Su{e obligation of the Consultant to ensure that the sum of the hours worked multiplied by the hourly rate does not exceed the total not boexceed amount authorized under this Agreement. The total not-to-exceed amount and any hourly rete of the Consultant shall be inclusive of any and all expenses such a8overhead and profit. fees, subcontract costs, automobile insurance tVthe amount required under California State {axv or [noro, nl8teria|s, supplies, taxes, workers comnpmDS8Uon, mileage, travel, incidentals, food and the like. 6. Payment Sh8|| be made to the Consultant within thirty (30) days after receipt of fully supported and detailed invoice which o|g8r|y indicates as applicable, any progress oOrDp|eted. milestones achieved, any reports (draft, preliminary or final) issued, dates worked, increments ofhourly work (rounded to the nearest quarter hour increment), subcontract cost, etc. The District will not he obligated to make more than one (1) payment tothe Consultant each month. 7 All r8pods, studieG, inforrnodOn, data, stoboUcS, fornns, designS, plans, pr000dures. Sysienno, work products and other nn8teho|s produced by Consultant under this Agreement shall be the sole and exclusive property of District. No such materials pnoduC8d, either in whole or in pad, under this Agreement shall be subject to private use, copyright orpatent 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 pub|ish, disc|ose, distribute, transfer and use copyright or patent any such materials produced byConsultant under this Agreement. 8. 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 tothe date ofsuch 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 ah@|| be deemed given when rgceived, upon electronic confirmation of facsimile tranGmission. Or no later than three days after the day of nnai|ing, 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 nsportg, drafts, electronic information or the like to the District. Un|oae otherwise idendfied, notice will be provided to the address shown at the signature block area on the last page Dfthis Agreement. Facsimile notices shall be accepted. 0, Indemnification: /u\ CoOsu|tent, t0the extent permitted by |8w, agrees to indemnify and hold harmless the DiStrint' its oMiC8no. 8ggDtS. employees and volunteers from any and all o|8iDOs. actions or |Oe8eS, daDlaASS. and/or liability resulting from Consultant's negligent acts or omissions which arise from Consultant's performance Ofits obligations under this Agreement. /b\ The District, to the extent permitted by |aw, agrees to indemnify and hold harmless Consultant and its officers, employees, agents and volunteers from any and all C|8i[nS. Gct|oOS. losses or damages and/or liability arising out of the District's performance Of its obligations under this Agreement, 10it is acknowledged that the school district, County Superintendent of Schools, county or city are insured and will maintain that insurance during the time period Ofthis agreement- 11 The Consultant shall maintain and preserve any and all written and electronic records relating to this Agneennent, including without limitation, invoice support (e.g., hours and days worked and otherdetai|) for a period of not less than three (3) years after final payment under this Agreement, The [)|mtr|ut, its employees and agents and the Office 0fthe State Auditor shall have the right tOaudit, examine, inspect QE[)LAN|)SUNIFIED SCHOOL DISTRICT and copy any and all of Consultant's records relating to this Agreement at any time during nOnna| business hours. Additionally, pursuant to Government Code Section 8546.7. the Consultant is hereby advised that every S0ntnoCt involving the expenditure of public funds in excess often thousand dollars ($10,000,00) shall be subject to examination and audit of the State Auditor as specified in the code, 12� This Agreement is not assignable or delegable by either party, except upon the prior written consent of the other party, 13. The Consultant shall comply with all applicable District, federa|, state, and local |avvs, ru|eS, regu/ations, policies and ordinances and workers' compensation |aVVG. The Consultant represents and warrants it does not have any potential, apparent or actual conflict of interest relating in any way to this Agreement. 14, Any [nOd|fiCaboO of this Agreement shall be effective only if it is in writing and Signed by the pGrt)8a. except that the District may unilaterally amend this Agreement in m/hiinQ to eCnVrnp|ish the following changes: a) Increase dollar amounts; b) Effect administrative changes; and o) Effect other changes aSrequired bylaw. 15This Agreement constitutes the entire agreement between the parties, and supersedes any and all prior or contemporaneous oral or written agreements, with respect to the subject matter hereof, 16This Agreement shall be governed and construed by the law of the State of California regardless of any conflicts of |avxo Or rules that xvOu{d require the application of the laws of another udsdicUon. Venue uhe|! be in San Bernardino County, California. ' /'u�um-, mc,;nantsuVanCanine program mm ` RE[>L/\NDSUNIFIED SCHOOL DlSTTl|CT Authorized representatives of the parties have executed this Agreement as indicated below, CONSULTANT: DISTRICT: ' City ofRedlands Redlands Unified School District 35Cajon Straet 2UWest Lugoni8Avenue Redlands-,-Y A 92373, Redlands, CA 923 (Sig*ure, Authbrized Representative) (Signature,�Au4Fnied Representative) Jo m� Harrison � r MX AsS�baOt - �yo Superintendent, Business Gen/ices Tax ID 95-6000766 Chief Business Official (Federal ID number) 909-798-7510 Supervisor/Principal/ District Administrator cityroonciI@cityufredIunds.org Funding Administrator(if applicable) Email Address (Email Address) November 3, 2009 District Board of Education Approval Date: 09/08109 District Requisition number: e��� number oer______ Attachment: Cerb�oationby <�ontnaotorCriminal Records Check /��u�m\x�mmm:o���aocauinur��mn�� ' ^ KEDLAN[ SUNIFIED SCHOOL DISTRICT CONSULTANT REQUEST FOR PAYMENT To, Administrator OfSITE / District Office Date: DEPARTMENT STREET ADDRESS CITY, STATE ZIP Fmm:CONSULTANTNAAKE PHOWE # STREET ADDRESS CITY, STATE ZIP Daba6sofService: PD� # Description of Service: DESCRIPTION OF SERVICES Payment is requested for of hours. �hd at rate of per |nthe total amount of ' - ' -------- This claim is for 'check one): Padia| Payment Fina| Payment The following certificate must be completed by individual consultants (consultant firms should disregard it): | certify that ! am_. } amnot (check one)drawing pay as a retired member of the California State Teachers' Retirement Sysdem (STRS), |fanemployee ofofederal, state, orlocal government agency Ioe�ifythat all aemioeafor which payment ianoxvbeing claimed were rendered attime other than myregular assigned 'workday for that agency. SOCIAL SECUR!TYWT/\X I.D. NUMBER ~.g...^.." ". C"..s"'`a.0 (w+9attached must becompleted for payment bzbe ed) —° 1 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 sha.11 send reque t for payment to Or[ginating Department/Site. DEPARTMENT/SITE SHALL SEND COMPLETED / SIGNED REQUEST FOR PAYMENT TO ACCOUNTS PAYABLE. |ua dim A�gmrmmnumuomuCanine program,uoc