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REDLANDS UNIFIED SCHOOL DISTRICT
<br /> 6 PAYMENT The total amount to be paid to the Consultant for any and all services satisfactorily
<br /> rendered inclusive of all expenses, supplies and materials pursuant to this Agreement shall not exceed
<br /> $5760.00
<br /> ® If this is an Agreement to pay the Consultant by the hour, then this box shall be checked and the
<br /> per "visit" rate indicated as follows # 18 visits X $320 00 per visit It is the sole obligation of
<br /> the Consultant to ensure that the sum of the hours worked multiplied by the hourly rate does not
<br /> exceed the total not to exceed amount authorized under this Agreement
<br /> The total not-to-exceed amount and any hourly rate of the Consultant shall be inclusive of any and all
<br /> expenses such as overhead and profit, fees, subcontract costs, automobile insurance to the amount
<br /> required under California State law or more, materials, supplies, taxes, workers compensation, mileage,
<br /> travel, incidentals, food and the like
<br /> Payment shall be made to the Consultant within thirty (30) days after receipt of a fully supported and
<br /> detailed invoice which clearly indicates as applicable, any progress completed, milestones achieved,
<br /> any reports (draft preliminary or final) issued, dates worked, increments of hourly work (rounded to the
<br /> nearest quarter hour increment), subcontract cost, etc The District will not be obligated to make more
<br /> than one (1) payment to the Consultant each month
<br /> 7 All reports, studies, information, data, statistics forms designs plans procedures, systems, work
<br /> products and other materials produced by Consultant under this Agreement shall be the sole and
<br /> exclusive property of District No such materials produced either in whole or in part, under this
<br /> Agreement shall be subject to private use, copyright or patent right by Consultant in the United States
<br /> or in any country without the prior written consent of the District The District shall have unrestricted
<br /> authority to publish, disclose, distribute, transfer and use copyright or patent any such materials
<br /> produced by Consultant under this Agreement
<br /> 8 TERMINATION The District may at any time and for any reason suspend performance by the
<br /> Consultant or terminate this Agreement and compensate Consultant only for services satisfactorily
<br /> rendered to the date of such suspension or termination Written notice by the District shall be sufficient
<br /> to suspend or terminate any further performance of services by the Consultant The notice shall be
<br /> deemed given when received, upon electronic confirmation of a facsimile transmission or no later than
<br /> three days after the day of mailing, whichever is soonest Upon receipt of any notification of termination
<br /> by the District, the Consultant shall promptly provide and deliver to the District any and all work product
<br /> in progress or completed to date including any reports, drafts, electronic information or the like to the
<br /> District Unless otherwise identified, notice will be provided to the address shown at the signature block
<br /> area on the last page of this Agreement Facsimile notices shall be accepted
<br /> 9 INDEMNIFICATION The Consultant agrees to and shall hold harmless and indemnify the District, its
<br /> officers, agents, and employees from every claim or demand made and every liability or loss, damage,
<br /> or expense of any nature whatsoever, which may be incurred by reason of
<br /> (a) Liability for damages for death or bodily injury to person, injury to property, or any other loss,
<br /> damage or expense sustained by the Consultant or any person, firm or corporation employed by
<br /> the Consultant upon or in connection with the services called for in this Agreement except for
<br /> liability for damages referred to above which result from the sole negligence or willful
<br /> misconduct of the District, its officers, employees, or agents
<br /> (b) Any injury to or death of persons or damage to property, sustained by any persons, firm or
<br /> corporation, including the District, arising out of, or in any way connected with the services
<br /> covered by this Agreement, whether said injury or damage occurs either on or off school district
<br /> property, except for liability for damages which result from the sole negligence or willful
<br /> misconduct of the District its officers, employees, or agents
<br /> Rev 2/24/12 2
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