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HomeMy WebLinkAboutMORALES, GEORGE. RNOT REQUIRED 3 - WOM11 51AY PROCEED I CLE",11 OF COUPA, CH AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this idezz day of 1993, by and between GEORGE R. MORALES ("Contractor") and the CITY OF SANTA ANA, a municipal corporation of the State of California ("City"). WITNESSETH Recitals: A. The City desires to retain the services of a person having special knowledge in the objectives and methods of recreational and educational gang prevention/ intervention programs for the purpose of managing a "Safe Haven" program as part of the "Weed and Seed" program that the City of Santa Ana is undertaking together with the federal government in that area of the City of Santa Ana bounded by First Street on the north, Raitt Street on the east, McFadden Avenue on the south, and Sullivan Street on the west (the "Target Area"). B. Contractor represents that he is able and willing to provide such services to the City. 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: 1. REPRESENTATIVES AND NOTICE A. For purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Community Development Agency and his or her designated 1 representatives (the "Director"). B. Any notice or instrument required to be given or delivered to either party to this Agreement may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the City: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza M-25 Santa Ana, CA 92701 If to Contractor: George R. Morales 1709 W. 6th Street Santa Ana CA 92703 Notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above -described procedure. 2. SCOPE OF SERVICES OF CONTRACTOR. Contractor agrees to perform the following "Safe Haven" program services with regard to the Target Area within the budget established by the City for the said program. A. Organization and instruction of groups, committees, and classes in a variety of recreational and educational activities, such as parent educational meeting, teen programs, health programs and drug programs. B. Development and implementation of gang prevention/ intervention programs. C. Supervision and training of City part-time 2 personnel assigned to the Safe Haven program. D. Preparation of reports describing and evaluating the Safe Haven programs and events in accordance with federal reporting requirements. E. Administration of first aid when necessary. F. Issuance of ,informational and educational materials. G. Attendance at training sessions as required. Contractor agrees to spend at least 40 hours per week in the performance of the above services. 3. TERM The services to be performed by Contractor pursuant to this Agreement shall be performed during the period from June 1, 1993, to May 31, 1994. 4. PERFORMANCE BY THE CITY. The City shall provide Contractor with the following: A. Office space at a City facility located in the Target Area. B. Supplies and equipment necessary for the performance of this Agreement. B. All records in the possession of the City which will be of assistance to Contractor in the performance of this Agreement. 5. COMPENSATION The City agrees to pay, and Contractor agrees to accept as payment for said services, compensation at the rate of $2800.00 per 3 month. Payments shall be made in bi-monthly installments on such dates as the Director shall determine appropriate. 6. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon written notice of termination to Contractor. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to Contractor's receipt of such notice of termination, subject to the condition that the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. 10. MISCELLANEOUS PROVISIONS. A. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any mariner with the performance of services required hereunder. B. Contractor shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the Director; provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Director. 4 C. Contractor agrees that Contractor is an independent contractor and not an employee of City and is not entitled to any employee benefits by reason of this Agreement. D. Contractor shall not subcontract any of the services required hereunder without written approval of the Director. E. 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 contractors retained by the City. F. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement G. This Agreement shall be governed by and construed in accordance with the laws of the State of California. H. This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the services set forth in Section 2 of this Agreement and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the City Council of the City, and signed by both the City and Contractor. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year first above written. ATTEST: Crice C. Gu_ erk of the y Counci Edward 3. ',"Cobp!er� City Attorney 6 CITY OF SANTA ANA by J DaniH.lYoung Mayor GE GE R,,�/'MORATeV�4s_ Z2� s- ILI Social Security or Tax Identi- fication number