HAYWARD UNIFIED SCHOOL DISTRICT CONTRACT ABSTRACT FOR BOARD AGENDA ITEMS

Transcription

1 HAYWARD UNIFIED SCHOOL DISTRICT CONTRACT ABSTRACT FOR BOARD AGENDA ITEMS Date: 5/2/215 Name of Vendor: Advanced Technology Group, Inc. (ATG) Cost: $15,. Purpose: Funding Source: To provide consulting services for erate savings General Fund Evaluation Criteria: Year 18 erate State Application The vendors and service providers were solicited through competitive bidding per Board Policy Term: July 1, 215 June 3, 216 Training and Maintenance/Warranty: N/A Contacts: Russell Selken, President Advanced Technology Group, Inc Capri Drive Yuba City, CA (53)

2 HAYWARD UNIFIED SCHOOL DIST. Consultant or Service Validation Form Site Location: District Office Date: 5/2/215 Individual Requesting Consultant or Service: Lisa Grant - Dawson Title: Assistant Superintendent, Business Services Brief Description of Need: (please reference i.e. Ed Code, District Goals, CDE compliance or SPSA) The District has participated in the E-Rate program for 18 years. Upon approval of the application by the Federal Communications Commission (FCC), the District is eligible to receive approved discounts through specific vendors, resulting in expense savings. Student/Staff/Site Council Mtg Conducted: YES NO X N/A SSC Approval Date: Proposals Solicited: X YES NO Resume Provided: YES X NO Briefly describe justification for consultant or service provider selected: E-Rate Participating Vendors Criteria/Metric for Contractor Evaluation: The vendors and service providers were solicited through competitive bidding per Board Policy Indicate Funding Code: Estimated cost $ 15,. Other Consultants or Service Providers Contacted - N/A Name Description of services offered Cost Action: Approved Modified Approval Disapproved Deferred Approval Follow-up Required Suspense Date: con-val 1.3 / 2-212

3 HAYWARD UNIFIED SCHOOL DIST. Consultant or Service Validation Form: The Scope of Work 1. Describe the service to be provided: Consulting services regarding the use and application of E-Rate discounting with participating vendors. 2. Who is benefitting from the service? Specifically, who will be served (number of students, grade, etc.)? Expense savings positively impacts all stakeholders, including but not limited to, students and education overall. 3. What are the expected outcomes? What will students/teachers be able to do after they receive the service? Fiscal responsibility such as expense savings in telecommunications and internet access offset other impacted general fund expenses resulting in more available resources elsewhere as appropriate. 4. How is it measurable? What tools/data will be used to measure student success? Programmatically and by consultant estimate, savings in these type of expenses can be measured by a market survey of standard costs for comparable services. 5. What impact should we expect? What is the short term/long term impact on those served? Student success is hallmarked by willing participants and available resources. The E-Rate program is a discount service that The District has been participating in for the past 18 years with that goal in mind. 6. Why did you choose this contractor? If more than one school, why were these schools chosen? The contractors are E-Rate Program participating vendors. con-val 1.3 / 2-212

4 Hayward Unified School District Independent Contractors Agreement REVISED 2/4 This document is available electronically from the HUSD Purchasing Department

5 INDEPENDENT CONTRACTORS AGREEMENT This Agreement is entered into between the Hayward Unified School District (DISTRICT) and Advanced Technology Group, Inc. (CONTRACTOR). Recitals 1. DISTRICT is authorized by Government Code Section 536 to contract for the furnishing of special services and advice in financial, economic, accounting, engineering, legal and administrative matters with persons specially trained, experienced and competent to perform such services. 2. DISTRICT needs special services and advice as follows: E-rate Assistance/Advisement and Knowledge transfer. Application Forms etc. In addition. coordination of all application work with HUSD and other consultants as needed. 3. CONTRACTOR is specially trained, experienced and competent to provide such services. THEREFORE, the parties agree as follows: 1. Services/Work Product Terms CONTRACTOR agrees to provide the following services: E-rate assistance and advisory services, that includes forms completion (form 47, Form 471, Form 486, Form 5. etc.), deadline tracking. assisting with PIA responses. Knowledge and skills transfer when needed. advisory of program rules and program changes that ensure district takes full advantage of E-rate Services. Coordination with other resources, vendors, consultants, etc. 2. Term CONTRACTOR shall commence work on July, 215. The work shall be completed no later than June 3th, Compensation DISTRICT shall pay CONTRACTOR a total fee of $15, Dollars, payable as follows: As invoiced $7,5 prior to April 216, and an additional $7,5 after May 216, but but prior to September 3th, Completeness of Agreement This Agreement constitutes the entire understanding of the parties and any changes shall be agreed to in writing. REVISED 2/4

6 5. Status of Contractor This is not an employment contract. CONTRACTOR is an independent contractor. CONTRACTOR is responsible for providing Unemployment Insurance and Worker's Compensation coverage for CONTRACTOR's employees and for payment of all federal, state and local payroll taxes for and on behalf of CONTRACTOR's employees. 6. Fingerprinting By execution of this Agreement/Contract, the CONTRACTOR acknowledges that Education Code Section applies to contracts for the provision of school and classroom janitorial, school site administrative, school site grounds and landscape maintenance, pupil transportation and school site food-related services, and any similar services. Section requires that employees of entities providing such services to school districts must be fingerprinted by the California Department of Justice for a criminal records check, unless the DISTRICT determines that the CONTRACTOR and CONTRACTOR's employees will have limited contact with pupils. In making this determination, the DISTRICT will consider the totality of the circumstances, including factors such as the length of time the CONTRACTOR and CONTRACTOR'S employees will be on school grounds, whether pupils will be in proximity with the site where the CONTRACTOR and CONTRACTOR'S employees will be working, and whether the CONTRACTOR and CONTRACTOR'S employees will be alone or with others. (a) DISTRICT Determination of Fingerprinting Requirement Application The DISTRICT has considered the totality of the circumstances concerning the Project and has determined that the CONTRACTOR and CONTRACTOR's employees: are subject to the fingerprinting requirements IN.!. of Education Code Sections and/or and Paragraph (b) below, is applicable. X_ are not subject to the fingerprinting requirements of Education Code Section or and Paragraph (c) below, is applicable. (b) If the DISTRICT has determined that fingerprinting is required, the CONTRACTOR expressly acknowledges that: (1) CONTRACTOR and all of CONTRACTOR's employees working on the school site must submit or have submitted fingerprints in a manner authorized by the Department of Justice, together with the requisite fee as set forth in Education Code Section ; (2) CONTRACTOR shall not permit any employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a serious or violent felony; (3) CONTRACTOR shall certify in writing to the Governing Board of the DISTRICT that none of its employees who may come in contacts with students have been convicted of a serious or violent felony; and (4) CONTRACTOR shall provide to the Governing Board of the DISTRICT a list of names of its employees who may come in contact with students. The CONTRACTOR is required to fulfill these requirements at its own expense. REVISED 2/4-2-

7 (c) Even if the DISTRICT has determined that fingerprinting is not required, the CONTRACTOR expressly acknowledges that the following conditions shall apply to any work performed by the CONTRACTOR and/or CONTRACTOR's employees on a school site: (1) CONTRACTOR and CONTRACTOR's employees shall check in with the school office each day immediately upon arriving at the school site; (2) CONTRACTOR and CONTRACTOR's employees shall inform school office staff of their proposed activities and location at the school site; (3) Once at such location, CONTRACTOR and CONTRACTOR's employees shall not change locations without contacting the school office; (4) CONTRACTOR and CONTRACTOR's employees shall not use student restroom facilities; and (5) If CONTRACTOR and/or CONTRACTOR's employees find themselves alone with a student, CONTRACTOR and CONTRACTOR's employees shall immediately contact the school office and request that a member of the school staff be assigned to the work location. 7. Indemnification CONTRACTOR agrees to hold harmless, indemnify and defend DISTRICT and its officers, agents and employees from any and all claims and losses accruing or resulting from injury, damage or death of any person, firm or corporation in connection with its performance of this Agreement. CONTRACTOR also agrees to hold harmless, indemnify and defend DISTRICT and its officers, agents and employees from any and all claims or losses incurred by any supplier, contractor, or subcontractor furnishing work, services or materials to CONTRACTOR in connection with the performance of this Agreement. 8. Insurance CONTRACTOR shall maintain general liability insurance, including automobile coverage with limits of one million dollars ($1,,) per occurrence for bodily injury and property damage. The coverage shall be primary as to the DISTRICT and shall name the DISTRICT as an additional insured. Copies of all policies shall be forwarded within ten (1) days of the signing of this Agreement, but in all instances prior to the start of CONTRACTOR'S work. 9. Equipment and Materials CONTRACTOR shall provide all equipment, materials and supplies necessary for the performance of the Agreement except: This is a consulting agreement. no equipment, materials. or supplies will be provided. 1. Licenses and Permits CONTRACTOR shall obtain and keep in force all licenses, permits and certificates necessary for the performance of this Agreement. REVISED 24

8 11. Assignment CONTRACTOR shall not assign the obligations of CONTRACTOR under this Agreement without the express prior written consent of DISTRICT. 12. Non-Discrimination CONTRACTOR shall not engage in unlawful discrimination in the employment of persons because of race, color, national origin, age, ancestry, religion, sex, marital status, medical condition or physical handicap. 13. Termination DISTRICT may at any time terminate this Agreement upon written notice to CONTRACTOR. DISTRICT shall compensate CONTRACTOR for services satisfactorily provided through the date of termination. In addition, DISTRICT may terminate this Agreement for cause should CONTRACTOR fail to perform any part of this Agreement. In the event of termination for cause, DISTRICT may secure the required services from another contractor. If the cost to DISTRICT exceeds the cost of providing the service pursuant to this Agreement, CONTRACTOR shall pay the additional cost. 14. Copyright Any written product produced under this Agreement shall be a work for hire and shall be the property of DISTRICT. DISTRICT shall have the right to secure a copyright and the product may not be used, in any manner, without DISTRICT's written permission. 15. Waiver No delay or omission by either party in exercising any right under this Agreement shall operate as a waiver of that or any other right or prevent a similar subsequent act from constituting a violation of the Agreement. 16. Attorney's Fees If any litigation is initiated to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 17. Governing Law This Agreement shall be governed by the laws of the State of California. 18. Severability In the event that any portion of this Agreement is finally determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed void and the remainder of this Agreement shall continue in full force and effect. REVISED 2/4-4-

9 19. Notice All notices provided for under this Agreement shall be in writing and either personally delivered during normal business hours or sent by U.S. mail (certified, return receipt requested) with postage prepaid to the other party at the address set forth below: CONTRACTOR: Advanced Technology Group. Inc Capri Drive Yuba City. CA DISTRICT: Hayward Unified School District Business Division Office Amador Street Hayward, CA Notice shall be effective when received if personally served or, if mailed, three days after mailing. Either party may give written notice of a change in address. ALL INDEPENDENT CONTRACTOR AGREEMENTS MUST BE SIGNED BY THE INITIATING ADMINISTRATOR AND CONTRACTOR PRIOR TO SUBMISSION FOR DISTRICT APPROVAL. WORK MUST NOT BEGIN PRIOR TO RECEIVING DISTRICT APPROVAL DESCRIBED BELOW. By:Russell Selken Date: March 16th, 215 Contractor Title:President Taxpayer Identification.'Social Security Number: By : Hayward Unified School District: Title: Initiating Administrator Maint. Manager School/DeptMaintenance : Date: March AN AUTHORIZED HUSD REPRESENTATIVE MUST SIGN ALL INDEPENDENT CONTRACTOR AGREEMENTS. AGREEMENTS OF $5, AND ABOVE MUST BE APPROVED BY THE SCHOOL BOARD PRIOR TO COMMENCING ANY WORK. REVISED

10 By: Date: Authorized HUSD Representative HUSD Board Approval Date REVISED 2/4 -a-

11 INDEPENDENT CONTRACTOR QUESTIONNAIRE The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control: Are the services of the worker subject to the Taxpayer's will and control over what must be done and how it must be done? In Revenue Ruling 87-41, CB 296, the IRS developed 2 factors used to determine whether a worker is an independent contractor under the common law. Remember: the burden of proof is on the taxpayer; therefore, in general, at least 11 of these factors must show independent contractor status under the common law tests. For the following uestions, a "yes" answer means the worker is an employee. Yes No 1. Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work? X 2. Does the principal provide training to the worker? X 3. Are the services provided by the worker integrated into the principal's business operations? X 4. Must the services be rendered personally by the worker? X 5. Does the principal hire, supervise and pay assistants to the worker? X 6. Is there a continuing relationship between the principal and the worker? X 7. Does the principal set the work hours and schedule? X 8. Does the worker devote substantially full time to the business of the principal? X 9. Is the work performed on the principal's premises? X 1. Is the worker required to perform the services in an order or sequence set by the principal? X 11. Is the worker required to submit oral or written reports to the principal? X 12. Is the worker paid by the hour, week, or month? X 13. Does the principal have the right to discharge the worker at will? X 14. Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal? X 15. Does the principal pay the business or traveling expenses of the worker? X REVISED

12 For the following questions, a "yes" answer means the worker is an independent contractor. Yes No 16. Does the worker furnish significant tools, materials and equipment? X 17. Does the worker have a significant investment in facilities? X 18. Can the worker realize a profit or loss as a result of his or her services? X 19. Does the worker provide services for more than one firm at a time? X 2. Does the worker make his or her services available to the general public? X REVISED 2/4-8-

13 INVOICE I RECEIVER HAYWARD UNIFIED SCHOOL DISTRICT Hayward, California STATEMENT OF CONSULTANT SERVICES RENDERED Letter of Authorization Universal Service "E-rate" Representation Name Social Security No We, the undersigned Universal Service "E-rate" applicantndentified as Address I D. Number Hayward USD City State Zip Code Telephone No. do hereby authorize Senrices reodered on to Russ Selken, President of ATG 1731 Capri Drive Yuba i&, CA 95 her (53) hours $ per hour Taal Amount to represent us in all matters regarding the Universal Service "E-rate" discounts for which we atannually apply. Advanced Technology Grqyamouulting firm that has no ties to any service provider, is auttiftgainrepare forms, to reply to USAC/SLD regarding all inquiries, and to provide other representational or advisory functions as deemed appropriate. The district is responsible for all vendor selection and ecisions and compliance with the -rate program in Its entirety. Applicant's authorized signature Date Applicant's printed name Title PO No PARTIAL PAYMENT 51/1ZURE OF CONSULTANT I affirm that the above services have been performed in conformance with an terms and conditions. CAGE. FULL PAYMENT Al/THOM:ONG SIGNATURE I certify that the services rendered under this agreement have not been previously paid. DAZE FULL PAYMENT AUTHORIZING SIGNATURE I certify that the services rendered under this agreement have not been previously paid. DATE

14 C O = a 2 N Z a 2 e.6 LLI. C) M&O M&O Telecoom for sites Telecoom for sites Telecoom for sites Telecoom for sites Telecoom for sites Telecoom for sites Cell for Sites Cell for Sites IISP for sites E = 11 time YEAR 18 VENDORS AND SERVICES SELECTION E-RATE DISCOUNTS Funding Commitment COST TO HUSD S 33, S 9,59.21 S 5, w i- 1.6 g C.) U. C = S 2 to..6 c n3 Telecommunications Telecommunications U Telecommunications ITelecommunications Service Provider AT&T AT&T 1 AT&T SLD funding 1 to Data Digital- WAN Opteman Data -OpliMan ACOE 1Gbps Data -Digital ASE 1 Gbps Contract Amount I S 332, S 9,592.8 S 51,8622 CO Iv-- CO.3. CCI q CO C.4 CI In I,- q q.= c- to co r.c- CM In V) e.. c.le as as 7 as JR u.. S S 249, mb/centrex/pots/usagenm/idsij56k I S 266, S , S 9, $ 224,88.42 I..- r.'.5 r CV U) I-- l CO r's q C4 '"? 1.-Z ei co r- It C%I CO CO 'I"..a. Csi "r.. cri CY r- Is. Cr) C 1 OVIN P1 OTIN ki 2 ci gs 4:1' r-- If) IA IA ll) CO r V aci":" " - lr 4 v q ' T c= u-i cri rc5 to r- to.- q "r oci to CI CP g tu oi..- c-s oi to to to la gi.,-1... ag e ---t CO U.I u) < To co co " g TO I- on 1- < Long Distance Cellular Cellular Managed ACOE Internet plus 1Gbps Network Equipment LAN Support ERATE CONSULTANT ERATE CONSULTANT.6 r - I,- rs- 1,- = I- I- "E. 5. 'c H i- cu a. < < > u) us us co co co= ---2 as c= CO cc, L15 N VI (...) < =..= o,.,- = 'E E co EEEE < 8 8 ) as C1 a; To T s ' a I i 5 I-= I- I- I- a. u) - ;- - [Internal Connections I IIT Management 'Internal Connections CBX ATG S 2,172,17.5 Per site Formula I Per site Formula.. c= t= t=oe= 66 to... css.- t= CV Cs1 Lirt {n co 1 ni co f7 csi Le 2 1 U $344, $ 15, S 22.. I itymo 3.375,199.7 S N ti 111 to to N tol C Lt. UJ. U) z U 411 S 3, al E in '- 3 c, rti 5 cr,