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HomeMy WebLinkAboutGARDEN GROVE UNIFIED SCHOOL DISTRICT (4)AGREEMENT (Consulting Services) THIS AGREEMENT is made by and between the CITY OF SANTA ANA, a municipal corporation, hereinafter designated as "CONSULTANT", and the GARDEN GROVE UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT". RECITALS The following recitals are a substantive part of this Agreement: I DISTRICT desires special services and advice in educational and administrative matters. 2. DISTRICT is unable to obtain such services and advice without cost from public agencies. 3. CONSULTANT is qualified to provide such services by virtue of experience, training, education, and expertise. 4. DISTRICT requires such services. AGREEMENT' THE PARTIES HERETO MUTUAL LY AGREE AS FOLLOWS: 5. CONSULTANT shall provide trained officers to teach the Drug Abuse Resistance Education (D.A.R.E.) curriculum in the 6 1h grade classrooms, which include Youth Violence Prevention curriculum within all DISTRICT elementary schools located in the City of Santa Ana. 6. CONSULTANT shall perform such services during the 2002-03 school year when schools are in session during the months of September 2002 through June 2003. 7. CONSULTANT shall act as an independent contractor and not an agent or employee of DISTRICT. The result to be accomplished by CONSULTANT'S services shall be Linder the control of DISTRICT. The means and manner by which Such result is accomplished shall be tinder the control and direction of CONSULTANT. 8. Upon request by CONSULTANT, DISTRICT shall furnish to CONSULTANT such information as is reasonably necessary to effect performance of services rendered by CONSULTANT under this agreement. 9. In the event that CONSULTANT is unable to perform services in DISTRICT'S classrooms, the invoice for payment of services shall be adjusted accordingly. 10. DISTRICT shall pay CONSULTANT a sum of $13,413 for D.A.R.E, services. 11. Payment shall be made directly to the Santa Ana Police Department. Payment to CONSULTANT shall be made at the conclusion of services and within 30 days of receipt of invoice. 12. CONSULTANT shall hold harmless and indemnify DISTRICT, its officers, agents, and employees from every claim, demand, liability, loss, damage, or expense of any nature whatsoever incurred by reason of: (a) Liability for damages for death or bodily injury to person, injury to property, or any other loss, damage or expense sustained by CONSULTANT or any person, firm or corporation employed by CONSULTANT in connection with the services rendered herein, except for liability for damages as stated above which result from the negligence or willful misconduct of DISTRICT, its officers, employees or agents. 13. CONSULTANT shall defend any and all actions, suits, or other proceedings that may be brought or initiated against DISTRICT, its officers, agents, or employees on any claim, demand, or liability, arising from the acts of CONSULTANT pursuant to this Agreement, and shall pay or satisfy any judgement that may be rendered against DISTRICT, its officers, agents, or employees in any action, suit or other proceedings as a result thereof, except for actions, suits, or other proceedings which result from the negligence or willful misconduct of DISTRICT, its officers, employees or agents. 14. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments, including workers' compensation. 15. DISTRICT agrees that waiver of any one or more of the conditions of performance tinder this Agreement shall not be construed as waiver of any other condition or performance herein. 16. CONSULTANT and DISTRICT agree that this Agreement is not assignable without written consent of the parties hereto. 2 17. DISTRICT and CONSULTANT may at any time for any reason terminate this Agreement and DISTRICT shall compensate CONSULTANT for a prorated portion of the agreed upon payment based on a 180 day school year. Written notice by DISTRICT'S Superintendent, or her DESIGNEE, or CONSULTANT'S Police Chief shall be sufficient notice to terminate further performance of services by CONSULTANT. Notice shall be deemed given when received, or no later than three (3) days after the date of mailing, whichever is sooner. 18. All notices shall be personally served or mailed postage prepaid, to the below listed address, or to such other address as may be designated by written notice. DISTRICT Garden Grove Unified School District Office of Business Services 10331 Stanford Avenue Garden Grove, CA 92840 CONSULTANT City of Santa Ana Santa Ana Police Departtrient 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 19. The parties hereto agree that this Agreement represents the entire understanding as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement shall only be modified by a written amendment executed by both parties hereto. 3 The parties hereto have executed this Agreement the day and year first appearing herein. GARDEN GI VE UNIFIED SCHOOL DISTRICT ATTEST By: Assistant upci-intendent, Business Services Date._ // , CITY OF SANTA ANA Date 3 By 4,41,rc,", -------------- David N. Ream City Manager ATTES"I" City Clerk Patricia E. Healy APPROVED AS]"O FOTW City Attorney Paula J. Coleman Assistant City Attorney S mj s Date CITY OF SANTA ANA POLICE DEPARTMENT By( - Paul M. Walters Chief of Police 4