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INSURANCE NOT ON FILE N-2019-134 <br />WORK MAY NQT PROCEED <br />CLERKtQF) COgN�JL <br />DATE: <br />1 AUG 0 6 2019 TO PROVIDE IN PERSON COUNSELING SERVICES <br />THIS AGREEMENT, made and entered into this 1st day of July 2019 by and between Luis Raul <br />Martinez (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />counseling and/or instructional services encompassing the fields of anger management, stress <br />reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, <br />life skills/family issues and community resources to the inmates housed at the Santa Ana City <br />Jail. <br />B. Consultant represents that he is able and willing to provide such services to the City. <br />C. In undertaking the perfbrmance of this Agreement, Consultant represents that he is <br />knowledgeable in his field, and that any services performed by Consultant under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant and City shall perform those services as set forth in Exhibit A to this agreement which <br />include counseling and/or instructional services to inmates in the areas of anger agreement, stress <br />reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family <br />issues and community resources. <br />2 COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of <br />fifty-five dollars ($55.00) for all scheduled instructional and counseling sessions. The total sum to be <br />expended during the term of this Agreement shall not exceed $35,000. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work which <br />fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by <br />City, <br />TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2020 unless <br />terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create <br />