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HomeMy WebLinkAboutSAUSD 4 - 2003COPY CONSULTING AGREEMENT N-2003-110 THIS AGREEMENT is made and entered into tiffs l0 th day of/)(~--. 20.q~ by and between City of Santa/ina Parks, Recreation and Community Services , hereinafter referred to as "Consultant", and the Santa Ann Unified School District. hereinafter referred to as "District". WHEREAS, the District is in need of special services and advice in financial, economic, accounting, engineering, or arlmirdstrative matters; and WHEREAS, such services and advice are not available at no cost fi.om public agencies; and WHEREAS, Consultant is specially trained, experienced and competent to provide the special services and advice required; and WHEREAS, such services are needed on a limited basis; NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PROVIDED BY CONSULTANT: Facilitate the recreational component for the ACEE program. ACEE will contract with the City to provide recreational services at an estimated 18 hours per week at six of 26 ACEE program sites. ACEE program sites: Madison, Monte Vista, Romero Cruz and Walker Elementary, Sierra and Willard Intermediate. Consultant will commence providing services under this AGREEMENT on August 12, 200_2,2 and will diligently perform as required and complete performance by June 30, 2003. The Consultant will perform said services as an independent calling and not as an employee of the District. Consultant shall be under the control of the District as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished. The District will prepare and furnish to the Consultant upon request such information as is reasonably necessary to the performance of the Consultant to the AGREEMENT. The District shall pay the Consultant tlie total amount of $47,376.00 for services rendered pursuant to this AGREEMENT. Payment shall be made monthly. Consultant shall submit an invoice to the District 30 days in advance of each payment due date. 4. The District may at any time for any reason terminate tiffs AGREEMENT and compensate Consultant only for services rendered to the date of termination. Written notice by the District's Superintendent shall be sufficient to stop further performance of services by Consultant. The notice shall be deemed given when received or no later than three days at, er the day of mailing whichever is sooner. 5. Consultant agrees to and shall hold harmless and indem_ulfy the District, its officers, agents, and employees from every claim or demand and every liability or loss, damage, or expense of any nature whatsoever, which may be incurred by reason of: (a) Liability for damages for death or bodily injmy to person, injury to property, or any other loss, damage or expense sustained by the Consultant or any person, firm or corporation employed by the Consultant upon or in connection with the services called for in this agreement except for liability for damages referred to above which result fi.om the sole negligence or willful misconduct of the District, its officers, employees or agents. (b) Any injury to or death of persons or damage to property, anstakned by any persons, firm or corporation, including the District, arising out of, or in any way connected widi the services covered by this AGREENfENT, whether said injury or damage occurs either on or off school district property, except for liability for damages which result from the sole negligence er willful misconduct of the District, its officers, employees or agents. The Consultant, at Consultant's expense, cost, and risk, shall defend any and all actions, suits, or other proceeding that may be brought or instituted against the District, its officers, agents, or employees on any such claim, demand or liability and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents, or employees in an action, suit or other proceedings as a result thereof. 6. Tiffs AGREEMENT is not assignable without written consent of the parties hereto. 7. Consultant shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances including worker's compensation. -2- 8. Consultant, if an employee of another public agency, certifies that Consultant will nor receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this AGREEMENT. 1N WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the date and year first above written. CONSULTANT: City of Santa Aha parks, Recdreation and Community Services Jenny Rios 888 Wi Santa Ana Blvd. Suite 200 P.O. Box 1988 Santa Aha, CA 92702 (Address) Santa Ana Unified School District: by Cecile L. Nunley Controller, Business Services 1601 E. Chestnut Ave. Santa Aha, CA 92701 (Address) (Signature andDate) (Date) Board Approved 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. PATRICIA E. HEALY '~ [} Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Michael Vigliotta v ~ Deputy City Attorney RECOMMENDED FOR APPROVAL: Jon Rip Ribble- - Executive Director of the Parks Recreation and Community Services Agency SAUSD: Cecile L. Nunley Controller, Business Services 1601 E. Chestnut Avenue Santa Ana, CA 92701 Date: Board Approved: