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HomeMy WebLinkAboutSAUSD 5City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with Santa Ana Unified School District = COTC Office Use Only ,W DEr, — i PM `P 116 OF COUqpi� No. A-2003-184 was completed on 6/30/91 and final payment has been made. (List all amendments. Use space below if needed.) Department: PRCSA Phone/Ext.: 5254 Signature: Date: 11/26/14 • Revised 08-23-10 V A-2003-184 COPY CONSULTING AGREEMENT THIS AGREEMENT is made and entered into this I" day of July, 2003 , by and between City of Santa Ana , hereinafter referred to as "Consultant", and the Santa Ana 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 administrative matters; and and WHEREAS, such services and advice are not available at no cost from public agencies; 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: The City of Santa Ana Parks and Recreation Department, in collaboration with the Santa Ana Unified School District, will provide an Early Intervention Reading Readiness Program for thirty preschool age children living at the Warwick Square Apartments (a component of the Proposition 10 contract agreement). 2. The Consultant will commence providing services under this AGREEMENT on July1" 2003 , and will diligently perform as required and complete performance by _June 30"', 2004 . 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. 3. 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. 4. The District shall pay the Consultant the total amount of $ 25,000 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. 5. The District may at any time for any reason 'terminate this 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 -I - of services by Consultant. The notice shall be deemed given when received or no later than three days after the day of mailing whichever is sooner. 6. Consultant agrees to and shall hold harmless and indemnify 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 injury 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 from 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, sustained by any persons, firm or corporation, including the District, arising out of, or in any way connected with the services covered by this AGREEMENT, whether said injury or damage occurs either on or off school district property, except for liability for damages which result from the sole negligence or 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. 7. This AGREEMENT is not assignable without written consent of the parties hereto. 8. Consultant shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances including worker's compensation. 9. 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. -2- IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the date and year first above written. CONSULTANT: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 (Address) (Date) Santa Ana Unified School District: by Cecile L. Nunley Controller, Business Services. 1601 E. Chestnut Ave. Santa Ana. CA 92701 (Address) (Date) June 10'", 2003 Board Approved IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL - cko�3� Jon ` ip" Ribble Executive Director of the Parks Recreation and Community Services Agency CITY OF SANTA ANA DAVID N. AM City Manager SAUSD: Cecile L. Nunley Controller, Business Services 1601 E. Chestnut Avenue Santa Ana, CA 92701 Board Approved: