MORENO VALLEY UNIFIED SCHOOL DISTRICT AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FORM (UNDER $5000)

Transcription

1 MORENO VALLEY UNIFIED SCHOOL DISTRICT AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FORM (UNDER $5000) INSTRUCTIONS 1. FORM: Fill ut agreement ("Agreement") frm cmpletely, with dates, times, fees, the cnsultant s ("Cnsultant") signature, and yur Site Administratr (and fund administratr, if necessary). The Chief Business Official f the Mren Valley Unified Schl District ("District"), wh has Bard f Educatin ("Bard") authrizatin t sign agreements, will sign the dcuments AFTER the Bard authrizes the Agreement in accrdance with Bard Plicy The signed dcuments will be returned t yu with a cpy f the purchase rder authrizing Cnsultant t cmmence wrk. All agreements fr schls need t be reviewed by the Assistant Superintendent f Ed. Services prir t submissin t Purchasing fr Bard apprval. 2. CONSULTANT QUALIFICATIONS: Please prvide a brief summary f the cnsultant s qualificatins belw bth in educatin and experience and the budget cde t be charged. 3. REQUISITION: Please submit a requisitin fr payment f Cnsultant. Attach this Agreement t the requisitin nting the requisitin number n the Agreement. The Cnsultant must submit a Certificate f Insurance (naming the Mren Valley Unified Schl District as additinally insured). Each apprver must review the Agreement in rder t apprve the requisitin prir t sending t the Chief Business Official. Purchasing will insert the Bard apprval date n the requisitin after the Bard apprves the Agreement. If yu have any cncerns abut btaining any insurance, please cntact the Purchasing Directr at (951) ext BEFORE submitting the requisitin. The requisitin and Agreement must bth be received in Purchasing in rder t issue a purchase rder fr billing purpses. 4. CONSULTANT REQUEST FOR PAYMENT FORM (attached): Please prvide Cnsultant with the sample Payment/Invice frm fr submissin after services are perfrmed. (This is nt necessary t use if Cnsultant has its wn invices.) Cnsultant will need t return their request fr payment t YOUR department/site and it will need t be signed by an administratr t verify that services have been received and payment is apprved. 5. IMPORTANT: Accrding t Bard Plicy all agreements fr cnsultant services must be Bard apprved BEFORE services are rendered. The Bard has discretin nt t apprve the Agreement. 6. PLEASE NOTE: This frm is fr utside cnsultants ONLY. The cnsultant cannt be an emplyee f the District. Budget Cde: Fund Schl Resurce PY Gal Functin Object Cnsultant Will be wrking individually with students unsupervised. (Attach criminal recrds check frm.) Will be wrking individually with students while site staff supervises. Will nt be wrking individually with students. Cnsultant Qualificatins and Reasn fr Services: MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 1

2 Agreement: The agreement was apprved by the Mren Valley Unified Schl District Bard f Educatin n. The vte was as fllws Aye Nay Absent MORENO VALLEY UNIFIED SCHOOL DISTRICT PROFESSIONAL CONSULTANT AGREEMENT (UNDER $5000) Baugh Hlguin Jhnsn Mrgan Smith THIS AGREEMENT is made effective n (date) by and between, hereafter called Cnsultant, and the Mren Valley Unified Schl District, hereafter called District. RECITALS A. The District desires t btain special prfessinal services and advice r ther prfessinal services, as prvided in this Agreement. B. The Cnsultant is specially trained, experienced, qualified, cmpetent and authrized under State and Federal law, as applicable, t prvide the special services and advice required by the District. AGREEMENT: Clerk, Bard f Educatin Agreement N. 1. In cnsultatin and cperatin with the District, the Cnsultant shall prvide the prfessinal services described herein (the Services ) cnsistent with generally acceptable industry standards r better. The Services are described in further detail: In the Statement f Wrk, attached. In the Specificatin, attached. Belw (describe Services): Any attachment is hereby incrprated int this Agreement and made a part f it. In the event f any cnflict between the language in this Agreement and any attachment incrprated herein, the language in this Agreement will gvern and take precedence ver any attachment. 2. The Cnsultant is an independent cntractr and will perfrm the Services as an independent cntractr and nt as an emplyee f the District. Accrdingly, nthing in this Agreement shall be cnstrued as establishing a relatinship f emplyer and emplyee, r principal and agent, between the District and the Cnsultant r between the District and any f Cnsultant s agents r emplyees. Cnsultant is slely respnsible fr its wn acts and the acts f any f its agents r emplyees as they relate t any Services prvided. Cnsultant and its agents and emplyees shall nt be entitled t any rights and r privileges f the District s emplyees, including but nt limited t, permanent status, health insurance benefits, sick leave, paid vacatin, r any ther emplyee benefit. Each party acknwledges that the Cnsultant is nt an emplyee fr state r federal tax purpses and that the District will nt withhld federal r state incme tax deductins frm payments made t Cnsultant under this Agreement. Cnsultant must prvide District with his/her Scial Security Number r Taxpayer ID number. District will prvide Cnsultant and the Internal Revenue Service ("IRS") with a statement f earnings at the cnclusin f each calendar year as required by the IRS. 3. TERM: The term f this Agreement shall begin n and terminate autmatically n, unless terminated earlier by either party as prvided in this Agreement. The District s terminatin f the Agreement shall in n way affect Cnsultant s bligatin t hld harmless and indemnify the District in accrdance with Sectin 10 belw. MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 2

3 4. PAYMENT/SCHEDULE: Cnsultant shall furnish t the District the Services at a rate f $ per hur, fr a ttal cst nt t exceed $ r fr a lump sum f $ r per RFP, request r prpsal attached. Payments will be prcessed upn satisfactry cmpletin f the Services and receipt f an apprved invice. (A rate sheet may be attached and incrprated int this Agreement.) It is the sle bligatin f the Cnsultant t ensure that the sum f the hurs wrked multiplied by the hurly rate des nt exceed the ttal nt-t-exceed r lump sum amunts authrized under this Agreement. The ttal nt-t-exceed r lump sum amunts and any hurly rate f the Cnsultant shall be inclusive f any and all expenses such as verhead and prfit, fees, subcntract csts, autmbile, wrkers cmpensatin (as required by law), prfessinal negligence, and general liability insurance, etc., materials, supplies, and taxes. 5. WORK PRODUCT OWNERSHIP: Any cpyrightable wrks, ideas, discveries, inventins, patents, prducts, r ther infrmatin (cllectively, the "Wrk Prduct") develped in whle r in part by Cnsultant in cnnectin with the Services shall be the exclusive prperty f the District. Upn request, Cnsultant shall sign all dcuments necessary t cnfirm r perfect the exclusive wnership f the District t the Wrk Prduct. N cnsultant, firm, r crpratin may use the District lg withut prir apprval frm the Superintendent. 6. AGREEMENT/AMENDMENT/MODIFICATION: This Agreement cntains the entire agreement f the parties, and there are n ther prmises r cnditins in any ther agreement whether ral r written. Any amendment r mdificatin f this Agreement shall be effective nly if it is in writing and signed by the parties, except that the District may unilaterally amend this Agreement in writing t accmplish the fllwing changes: a. Increase dllar amunts; b. Effect administrative changes; c. Effect ther changes as required by law; and d. Term f agreement. Amendments may require Bard apprval and will nt be paid until Bard apprval is received. If yu need assistance with this matter, please cntact the Purchasing Department at (951) ext r purchasing@mvusd.net. 7. ENTIRE AGREEMENT: This Agreement cnstitutes the entire agreement between the parties and supersedes any and all prir r cntempraneus ral r written agreements. 8. INDEPENDENT CONTRACTOR: Cnsultant will prvide Services under this Agreement as an independent cntractr and nt as an emplyee f the District. District will nt withhld federal r state incme tax deductins frm payments made t Cnsultant under this Cntract and will nt prvide Cnsultant fringe benefits, including health insurance benefits, sick leave, paid vacatin, r any ther emplyee benefit. 9. TERMINATION: The District may at any time and fr any reasn suspend perfrmance by the Cnsultant r terminate this Agreement and cmpensate Cnsultant nly fr Services satisfactrily rendered t the date f such suspensin r terminatin. In additin and ntwithstanding anything t the cntrary cntained in this Agreement, due t the current budget crisis and the fiscal cnstraints under which the District perates, the District may terminate the Agreement at any time withut penalty, cst, r damages f any kind. The District s terminatin f the Agreement shall in n way affect Cnsultant s bligatin t hld harmless and indemnify the District in accrdance with Sectin 8. Written ntice by the District shall be sufficient t suspend r terminate any further perfrmance f Services by the Cnsultant. The ntice shall be deemed given when received, upn electrnic cnfirmatin f a facsimile transmissin, r n later than three (3) days after the day f mailing, whichever is snest. Upn receipt f any ntificatin f terminatin by the District, the Cnsultant shall prmptly prvide and deliver t the District any and all Wrk Prduct in prgress r cmpleted t date including any reprts, drafts, electrnic infrmatin, r the like t the District. Unless therwise identified, ntice will be prvided t the address shwn at the signature blck n the last page f this Agreement. Facsimile r electrnic mail ntices shall be accepted. MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 3

4 10. HOLD HARMLESS: The Cnsultant agrees t and shall hld harmless and indemnify the District, its Bard, fficers, agents, emplyees, and vlunteers frm every claim r demand made and every liability, lss, damage, expense r cst f any nature whatsever, which may be incurred: Fr death r bdily injury t persn, injury t prperty, r any ther lss, damage, r expense sustained, arising frm, in cnnectin with, r in any way related t the Services called fr in this Agreement, except fr liability fr damages referred t abve which result frm the sle negligence r willful miscnduct f the District, its fficers, emplyees, r agents. The Cnsultant, at Cnsultant s expense, cst, and risk, shall defend any and all actins, suits, r ther prceedings that may be brught r instituted against the District, its fficers, agents, r emplyees n any such claim, demand, lss, damage, expense (including attrney fees), cst, r liability and shall pay r satisfy any judgment that may be rendered against the District, its fficers, agents, r emplyees in any actin, suit, r ther prceedings as a result theref. 11. INSURANCE: Cnsultant acknwledges Cnsultant s bligatin t btain apprpriate insurance cverage fr the benefit f the District and Cnsultant s emplyees, if any. During the term f this Agreement, the Cnsultant shall maintain: a. Cmmercial general liability insurance in an amunt nt less than $1,000,000 per ccurrence / $2,000,000 aggregate. In the event the Cnsultant/Vendr will be wrking directly with students, sexual miscnduct must be included in the general liability cverage. Certificate f General Liability Insurance and Additinal Insured Endrsement is attached b. Autmbile liability insurance in the fllwing amunts: $500,000 per ccurrence where students, parents, vlunteers r emplyees will nt be transprted; OR $25,000,000 per ccurrence when students, parents, vlunteers r District emplyees will be transprted. Certificate f Aut Liability fr $500,000 per ccurrence is attached. The Cnsultant certifies they will nt be transprting anyne n behalf f the District; OR Certificate f Aut Liability fr $25,000,000 per ccurrence and Additinal Insured Endrsement is attached. The Cnsultant will be transprting students, parents, vlunteers, and/r emplyees f the District. c. Prfessinal liability insurance in an amunt nt less than $1,000,000, if Cnsultant has a special r prfessinal license (e.g., nurse, dctr, therapist, dentist, engineer); Certificate f Prfessinal Insurance is attached. d. Educatrs Legal Liability insurance fr any Cnsultant prviding daycare, afterschl prgrams, and/r recreatinal activities fr an amunt nt less than $1,000,000; Certificate f Educatrs Legal Liability is attached. e. Wrkers Cmpensatin as required under Califrnia law with statutry limits and Emplyers Liability limits f $1,000,000 per disease r accident. The wrkers cmpensatin plicy shall be endrsed with a subrgatin waiver in favr f the District fr all wrk perfrmed by the Cnsultant, its emplyees, and agents. Wrkers Cmpensatin Insurance Certificate is attached, OR Sle Prprietr / NO Wrkers Cmpensatin Insurance is required. BUT, must attach a letter stating that they are either the wner r a partner and are exempt frm having t prvide wrkers cmpensatin because they have n emplyees. f. Cyber Liability Insurance with limits f nt less than $1,000,000 fr each ccurrence and an annual MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 4

5 aggregate f at least $2,000,000 cvering claims invlving privacy vilatins, infrmatin theft, damage t r destructin f electrnic data, intentinal and/r unintentinal release f private data, alteratin f electrnic data, extrtin and netwrk security. Cverage is required nly if (1) prducts r services related t infrmatin technlgy fr hardware r sftware are prvided t the District and (2) if Cnsultant has access t persnally identifiable infrmatin f the District thrugh the prvisin f such technlgy-related prducts r services. Certificate f Cyber Liability is attached. Cnsultant shall maintain such insurance cverage, in the amunts set frth abve, unless therwise agreed in writing by the District. If the cntractr maintains higher limits than the minimum shwn abve, the entity requires and shall be entitled t cverage at the higher limits maintained by the Cnsultant. Any available insurance prceeds in excess f the specified minimum limits f insurance and cverage shall be available t the entity. The Cnsultant shall prvide certificates indicating applicable insurance cverages within ten (10) days f the effective date f this Agreement NAMING THE DISTRICT AS ADDITIONAL INSURED with the endrsement n frm CG r equivalent. The certificate hlder shall be listed as Mren Valley Unified Schl District, its Bard, fficers, agents, emplyees, and vlunteers. The insurance certificates and/r the endrsements shall state that the plicies shall state that the plicies shall be primary and shall nt cntribute t any insurance plicy f the District. Insurance certificates shall be mailed t the Purchasing Department, Alessandr Blvd., Mren Valley, CA Cverage shall nt be canceled except with ntice t the District. Please nte: If assistance is needed cncerning insurance requirements, please cntact the Risk Department at (951) ext with a brief descriptin and cst f service that will be perfrmed prir t submitting cntract t Purchasing. 12. COMPLIANCE WITH LAW/CONFIDENTIALITY: Cnsultant shall cmply with all federal, state and lcal laws and rdinances applicable t the Services. Cnsultant will nt at any time r in any manner, either directly r indirectly, use fr the persnal benefit f Cnsultant, r divulge, disclse, r cmmunicate in any manner any infrmatin that is prprietary t the District r prtected frm disclsure by law (such as student recrds). Cnsultant will prtect such infrmatin and treat it as strictly cnfidential. This prvisin shall cntinue t be effective after the terminatin f this Agreement. Upn terminatin f this Agreement, Cnsultant will return t the District all student recrds, ther recrds, ntes, dcumentatin and ther items that were used, created, r cntrlled by Cnsultant during the term f this Agreement. 13. STUDENT DATA PRIVACY: If Cnsultant will prvide services that invlve the digital access, use, strage r management f pupil recrds, then Cnsultant must cmplete and attach a student data privacy technlgy certificatin fr cmpliance with Educatin Cde sectin The student data privacy certificatin is available thrugh the District. Pupil recrds includes any infrmatin directly related t a pupil that is maintained by the District r acquired directly frm the pupil thrugh the use f instructinal sftware r applicatins assigned t the pupil by a District emplyee. 14. In signing this Agreement, the District representative acknwledges that he/she has n direct r indirect financial interest in the Cnsultant, nr des he/she have any knwledge f any District emplyee invlved in selectin f the Cnsultant having any direct r indirect financial interest in the Cnsultant r the Agreement, such that a prhibited cnflict f interest exists. MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 5

6 IN WITNESS THEREOF, the parties hereunt have subscribed t this Agreement, including all the Agreement dcuments listed belw: Specificatins/Scpe f Wrk Statement Purchase Order (will be sent after signature and needed dcuments are received) Cntractr Backgrund Check Certificatin (required if wrking with students unsupervised) Student Data Privacy Certificatin (required if using student data) Insurance Requirements Wrkers' Cmpensatin Insurance Certificatin W-9 frm (cmpany name must be same as the Cnsultant) Other: MORENO VALLEY UNIFIED SCHOOL DISTRICT: CONSULTANT: Chief Business Official Date Name (Print) Signature Date Bard Date Address, City, Zip Phne Fax MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 6

7 CERTIFICATION BY CONTRACTOR CRIMINAL RECORDS CHECK AB 1610, 1612 and 2102 T the Gverning Bard f Mren Valley Unified Schl District: I, (Cnsultant) certify that: Name f Cnsultant 1. I have carefully read and understand the Ntice t Cntractrs Regarding Criminal Recrd Checks (Educatin Cde Sectin ) required by the passage f AB 1610, 1612 and Due t the nature f the wrk I will be perfrming fr the District, my emplyees may have cntact with students f the District. 3. Nne f the emplyees wh will be perfrming the wrk have been cnvicted f a vilent r serius felny as defined in the Ntice and in Penal Cde Sectin and this determinatin was made by a fingerprint check thrugh the Department f Justice. I declare under penalty f perjury that the freging is true and crrect. Executed at, Califrnia n. Date Signature Typed r printed name Title Address MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 7

8 EXHIBIT "B" List f Individuals Wh May Cme in Cntact With Pupils Name f Individual State if Emplyee r Sub-Cntractr / MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 8

9 Mren Valley Unified Schl District WORKERS COMPENSATION INSURANCE CERTIFICATION The Cntractr/Cnsultant shall execute the fllwing frm as required by the Califrnia Labr Cde Sectins 1860 and 1861: I am aware f the prvisins f Sectin 3700 f the Califrnia Labr Cde, which requires every emplyer t be insured against liability fr wrkers cmpensatin r t undertake self-insurance in accrdance with the prvisins f that cde, and I will cmply with such prvisins befre cmmencing the perfrmance f the wrk f this cntract. I understand I am nt an emplyee f Mren Valley Unified Schl District and I am an independent cntractr respnsible fr my wn wrkers cmpensatin. Cnsultant hereby certifies that Cnsultant des nt emply any individual(s) in the curse and scpe f Cnsultant s business peratins. Cnsultant hereby certifies that Cnsultant emplys individuals in the curse and scpe f business peratins and that Cnsultant is insured against liability fr wrkers cmpensatin. Attached is a Certificate f Insurance cntaining the fllwing infrmatin: Name and address f the insurance prducer, agency The name and address f the "named insured" r plicy hlder The date the certificate was issued Name f the insurance cmpany Plicy number Plicy perid dates, when cverage began and when it shuld end Prprietr, partners, fficers inclusin r exclusin indicatr Statutry limits indicatr Emplyers liability limits Descriptin f peratins r special items Name and address f the certificate hlder, the ne wh requested the certificate Explanatin f cnditins/ntice required fr cancellatin Signature f the persn issuing the certificate Date: Cntractr/ Cnsultant Signature Title Business License # State Cntractrs License # (if applicable) Prject Name (if applicable) MVUSD Legal Cunsel Review Rev. F / Keenan Rev. 12/9/16 9