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HomeMy WebLinkAboutHOPKINS, LINDA C.r AAA`( P1I 00 t,"D U �\J, C � J�,, AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is entered into this day of 1999, by and between Linda C. Hopkins, an individual and independent contractor,-helrinafter, referred to as "CONSULTANT," and the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California, hereinafter referred to as "CITY." I CITY is desirous of contracting with CONSULTANT for the development of a program called "Challenge to Change" which will be designed to provide juvenile inmates housed in the Santa Ana Jail instruction on developing fundamental skills such as anger management, job development, conflict management and parenting skills. In addition to assisting develop the program CITY desires CONSULTANT to implement the program by providing counseling and/or instructional services to the juvenile. Counseling/instruction services include, but are not limited to: a. Anger Management b. Stress reduction C. Conflict management/resolution d. Domestic violence e. Chemical dependency f. Life Skills / Family Issues g. Community Resources 2. CONSULTANT is willing and able to render such services on the terms and conditions hereinafter set forth: WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: This AGREEMENT shall commence on the date first above written and continue until September 1, 2000, unless sooner terminated pursuant to Section 2 herein below, (Continued) 1 11. Maintain contact and coordinate with Santa Ana Jail's Inmate Programs Supervisor. 12, Provide students with a "client rights" contract which has been delivered to each inmate. 13. Coordinate further training for all involved staff. 14. Ensure that prior to purchase all ordering of program materials/incentives is approved by Santa Ana rail's Inmate Programs Supervisor. 15. Provide regularly updated information to all staff members regarding the program. 16, Upon expiration or termination of the contract contractor shall turn over all materials/incentives that City has paid for or reimbursed contractor for. B. CITY'S RESPONSIBILITIES The CITY shall provide the following assistance to CONSULTANT: 1. Identify a contact person who shall be responsible for scheduling and co- ordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be in the sole discretion of the CITY, 2. Schedule and record CONSULTANT's time worked during the planning and development meetings and during instructional and counseling sessions. 3. Provide an appropriate facility that will allow CONSULTANT to perform the services required under this AGREEMENT in an efficient and timely manner. 4. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the AGREEMENT. 5. Reimburse CONSULTANT for all approved expenditures for program materials/incentives . 4. COMPENSATION In consideration for CONSULTANT's services, CITY shall pay CONSULTANT an hourly rate as follows: A. CONSULTANT shall receive an hourly rate of sixty-five dollars ($65.00) per hour for time spent during scheduled instructional and counseling sessions. B. CONSULTANT shall be paid monthly for all work completed during the previous month. The amount of payment to CONSULTANT shall be determined by the number of hours worked multiplied by the hourly rate of compensation. C. The maximum payable under this contract shall not exceed $45,000.00, 5. EMPLOYMENT STATUS CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This AGREEMENT is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this AGREEMENT; provided always however that the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. 6. NON -ASSIGNMENT OF AGREEMENT Inasmuch as this AGREEMENT is intended to secure the specialized services of the CONSULTANT, CONSULTANT may not assign, transfer, delegate, or sublet any interest therein without the prior written consent of the CITY and any such assignment, transfer, delegation or sublease without the CITY's prior written consent shall be considered null and void. Nothing in this AGREEMENT shall be construed to limit the CITY's ability to have any of the services which are the subject of this AGREEMENT performed by CITY personnel or by other consultant's retained by the CITY. 7. CONFLICT OF INTEREST CLAUSE CONSULTANT covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with the performance of the services specified under this AGREEMENT. S. USE OF THE PROGRAM AND PROGRAM DOCUMENTATION CITY and CONSULTANT agree that each shall have the right to use and disseminate to third parties the program and program materials without restriction. Such third parties shall have the right to use such program or materials without restriction. Specifically, CONSULTANT shall have the right to distribute or sell the program and materials to third parties without compensation being paid to CITY. Additionally, CITY may distribute the program and materials without additional payment by CITY or the third parties to CONSULTANT. 9. INDEMNIFICATION A. The CITY shall indemnify, defend and hold harmless the CONSULTANT from any claim, demand, liability, judgment or expense arising out of the CONSULTANT's good faith performance pursuant to this AGREEMENT; provided however, that the CITY shall not be obligated to indemnify and hold 4 harmless the CONSULTANT to the extent that such claim, demand., liability, judgment or expense results from CONSULTANT's negligence. B. The CONSULTANT shall indemnify, defend and hold harmless the CITY from any claim, demand, liability, judgment or expense arising out of the CITY's good faith performance pursuant to this AGREEMENT; provided however, that the CONSULTANT shall not be obligated to indemnify and hold harmless the CITY to the extent that such claim, demand, liability, judgment or expense results from CITY's negligence. 10. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This AGREEMENT supersedes any and all other agreement, either oral or in writing, between the parties hereto with respect to employment of CONSULTANT by CITY and contains all covenants and agreements between parties with respect to such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. CONSULTANT specifically acknowledges that in entering into and executing this AGREEMENT, CONSULTANT relies solely upon the provisions contained in this AGREEMENT and no others. 11. LAWS GOVERNING THIS AGREEMENT This AGREEMENT has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this AGREEMENT shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in Orange County and such county shall be the venue for any action or proceeding that may be brought or arise out of, in connection with, or by reason of this AGREEMENT. 12. VALIDITY. If any term, covenant, condition or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remained of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. (Continued.) IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first above written. JaniqVC. Guy Clerk of the Council APPROVED AS TO FORM: Denali H. Yos Assistant City RECOMMENDED FOR APPROVAL Paul Walters, Chief of Police Santa Ana Police Department CITY OF SANTA ANA a municipal corporation of the State of California Miguil A. Pulido Mayor APPROVED AS TO CONTENT: N. Reamavid---ea City Manager I-jr(da Hopkins 550-90-5417 Tax ID# or Individual SS11