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Home My WebLink AboutFRANCO, SYLVIA 1C 20 0,9 AGREEMENT TERMINATION Please complete this form when the attached agreement is no onger i eff. Return form to the Deputy Clerk of the Council (M-30). Ca� �'�`5�0 if questions. ------------------------------- The agreement with T 1 G -AC D was completed on�h-91 I , and final payment has been made. NUMBER Department: 12 N-2000-067 N-2001-098 Signature: v N-2002-117 Date: N-2003-070 City of Santa Ana Revised 4-16-87 Clerk of the Council 1 ' � AGREEMENT FOR CONSUL- TANT SERVICES N-2000-0 67 THIS AGREEMENT is entered into this day of , 2000, by and between SYLVIA FRANCO, an individual and independent contr 1�UI � �EQUIREO(WAIVED referred to as "CONSULTANT," and the CITY OF SANTA ANA, a Municipal WORK MAY PROCEED Corporation, hereinafter referred to as "CITY." CLERK OF COUNCIL RECITALS: DATE: ! � - . 1. CITY is desirous of contracting with CONSULTANT for the provision of translation and clerical assistance to instructors providing services to inmates housed in the Santa Ana Jail. CONSULTANTS services shall include, but not be limited to: a. Verbal and written translation of materials to inmates. b. Coordination with City staff and other consultants to facilitate the delivery of program materials. C. Assisting program instructors and counselors with the completion of forms, filing of materials, and other clerical duties as requested by City staff, counselors and program instructors. 2. CONSULTANT is willing and able to render such services on 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: 1. TERM This AGREEMENT shall commence on the date first above written and continue until June 30, 2001, unless sooner terminated pursuant to Section 2 herein below. 2. TERMINATION Either party may terminate this AGREEMENT for any reason upon thirty (30) calendar days written notice to the other party. Written notice shall be given personally or sent through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: CITY: City of Santa Ana Police Department Santa Ana Jail Attention: Russ Davis, Jail Administrator P.O. Box 1981 62 Civic Center Plaza, M-88 Santa Ana, CA 92702 CONSULTANT: Sylvia Franco 605 S. Wood Street Santa Ana, CA 92703 Written notice is effective five days after mailing. 3. SCOPE OF SERVICES A. CONSULTANT'S RESPONSIBILITIES CONSULTANT agrees to provide the following services to CITY: a. Verbal and written translation of instructional materials to inmates. b. Coordination with City staff and other consultants to facilitate the delivery of program materials. C. Assisting program instructors and counselors with the completion of forms, filing of materials, and other clerical duties as requested by City staff, counselors and program instructors. 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 coordinating 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. 3. 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. Page 2 of 5 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 eleven dollars ($11.00) per hour. B. The maximum payable under this contract shall not exceed $9,000.00. 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 the 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 consultants retained by the CITY. 7. CONFLICT OF INTEREST CLAUSE CONSULTANT covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this contract. 8. INDEMNIFICATION A. The CITY shall indemnify, defend and hold harmless the CONSULTANT from any claim, demand, liability, judgment or expense arising out of the CITY's good faith performance pursuant to this contract; provided, however, that the CITY shall not be obligated to indemnify and hold 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 Page 3 of 5 CONSULTANT's good faith performance pursuant to this contract; 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. 9. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between 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. 10. LAWS GOVERNING THIS AGREEMENT This AGREEMENT has been executed and delivered in the State of California and the validity, enforce ability 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 obligation 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. 11. 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 remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the date and year first above written. ATTEST: / 11 Patricia E. Healy / Clerk of the Council APPROVED AS TO FORM: Denah H. YosWrney ma Assistant City RECOMMENDED FOR APPROVAL: c Paul M. Walters Chief of Police CITY OF SANTA ANA, a municipal Corporation of the State of California 0—Lavid �N.Ream City Manager Sylvia Franco Tax I D # COS—L Page 5 of 5 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM PRODUCER: PUBLIC ENTITY (ADDITIONAL INSURED) Driver Alliam Insurance Services City of Santa Ana P. O. Box 28323 20 Civic Center Plaza, M-28 Santa Ana, CA 92799-8323 P.O. Box 1988 (949) 660-8163 Santa Ana, CA 92702 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: ),' „;w- -(^ %�T TYPE: Self Improvement Sylvia Franco At -4(, o98 DATE(S): 1/14/04 — 12/31/04 A/ iI I LOCATION: S A Jail This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirements, terns or conditions of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: 04SEP1000001 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2004 EXPIRATION: JANUARY 1, 2005 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit S2,000,000 Products & Completed Operations 1,000.000 Personal & Advertising Injury 1,000,000 Each Occurrence Limit 110001000 Fire Damage (Any One Fire) 50,000 Medical Payments (Any One Person) 5,000 - The limits of insurance apply separately to each event insured by this policy as if a separate policy Of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organization shown in this scbedult, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). Ibis insurance does not apply to: Any "occurrence" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy to prtct0ed before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder and additional insureds listed. AUTHORIZED REPRESENTATIVE: DATEISSUED: January 14, 2004