HomeMy WebLinkAboutMONTELONE, SUE 1C - 2010
INSURANCE ON FILE IV-2009-108
%vORK MAY PROCEED -003
UNTIL INSURANCE EXPIRES
CLERK OF COUNCI
DATE: NO _ 2010 CONSULTANT AGREEMENT
S yl 4 v THIS AGREEMENT, made and entered into this 15C day of October, 2010 by and
between Sue Montelone, an independent contractor (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of job preparedness and employability skills instruction for clients at the Santa Ana
WORK Center.
B. Consultant represents that Consultant is able and willing to provide such services to
the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties agree as follows:
It. SCOPE OF SERVICES
Consultant shall provide Work Readiness Workshops at the Santa Ana WORK Center as
set forth in Exhibit A to this Agreement. Workshops and hours must be pre-approved by the
Santa Ana WORK Center staff.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
$50.00 per hour plus $1.00 per participant per workshop, as identified in Exhibit A. The total
sum to be expended under this Agreement, shall not exceed $10,000.00 during the term of this
Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
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2011, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Deputy City Manager for
Development Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
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; however,
the services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City Attorney.
b. (reserved)
c. Workers Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self- insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not effect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including health, and claims for property damage, which may arise
from the direct or indirect operations of the Consultant or its contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services
described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the
terms of or effects arising from this Agreement. This indemnity and hold harmless agreement
applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or
by reason of the terms of, or effects, arising from this Agreement. The Consultant further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third
party challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, judicial or equitable relief due to personal or property rights
arises by reason of the terms of, or effects arising from this Agreement. City may make all
reasonable decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information
is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall
not use or disclose such information except in the performance of this Agreement, and further
agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
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information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of
the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of the Consultant disclosed in a publicly available
source; (c) is in rightful possession of the Consultant without an obligation of confidentiality;
( d) is required to be disclosed by operation of law; or (e) is independently developed by the
Consultant without reference to information disclosed by the City.
8. 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 Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed
by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council City of Santa Ana
20 Civic Center Plaza (1\4-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Deputy City Manager for Development Services
City of Santa Ana
20 Civic Center Plaza (M- 76)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O_ Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
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and,
Santa Ana WORK Center
1000 E. Santa Ana Blvd., #200
Santa Ana, CA 92701
Telefacsimile (714) 565-2602
To Consultant:
Sue Montelone
19918 Paseo Lorenzo
Yorba Linda, CA 92886
Phone: (714) 777-3264
FAX: (714) 290-8140
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid,
and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given twenty-four
(24) hours after the time set forth on the transmission report issued by the transmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties.
In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Consultant nor the City. 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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the
prior written consent of the City and any such assignment, transfer, delegation or subcontract
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 to this Agreement performed by City personnel or by other consultants retained by
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City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such
notice of termination, subject to the following conditions:
a. As a condition of such payment, the Deputy City Manager may require Consultant 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 unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, 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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Consultant shall notify
the City immediately and in writing of her inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of
this Agreement.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify City fully, including reasonable
costs and attorney's fees, for any injuries or damages to City in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
Maria D. Huizar David N. Ream, City Manager
Clerk of the Council
APPROVED AS TO FORM: CONSULTANT
Joseph W. Fletcher, City Attorney
B
Y• ~a
Lisa Storck, Assistant City Attorney Sue Montelone
RECOMMENDED FOR APPROVAL:
Cynt is J. Nelso Lh~ -
Deputy City Manger for Development Services
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Sue Montelone
19918 Paseo Lorenzo, Yorba Linda, CA 92886
Home: 714-777-3264 monteione_sueQyahoo.com
August 20, 2010
Mr. Carlos de la Riva
Economic Development Specialist
Santa Ana W/O/R/K Center
1000 E. Santa Ana Blvd. 200
Santa Ana, CA 92701
Re: Proposal for Employability Skills Workshops at Santa Ana W/O/R/K Center
Dear Mr. de la Riva:
I am submitting this proposal to provide Employability Skills Workshops at Santa Ana
W/O/R/K Center. My resume is attached for your review.
Since 2007, 1 have provided job search lab assistance or taught employability skills,
resume writing, and interviewing workshops at the Santa Ana W/O/R/K Center (SAWC).
The City of Santa Ana has paid me as a contractor to provide lab assistance or to teach
workshops on days that Santa Ana College School of Continuing Education is not in
session.
To help meet the continuing need for employability skills, I would like to provide any or
all of the following workshops to adults, dislocated workers, veterans, special needs
customers, at risk youth, and others as necessary and appropriate:
1. Resume Writing Lab
2. Internet Job Search Techniques
3. Interview Preparation
4. Writing Cover Letters and Thank-you Letters
5. Goal Setting
6. Stress Management
7. Self-Management /Time Management
8. Attitude and Initiative
9. Conflict Resolution
10. Customer Service
Since 2004, 1 have taught the above skills as part of the Office Employment Training
Program (OETP) through Santa Ana College School of Continuing Education.
Since 2007, 1 have collaborated with staff to develop and Implement appropriate
educational opportunities for SAWC clients to improve employability skills. I have
presented the following workshops customized for SAWC clients: Attitude and Initiative,
Self-Management / Time Management, Conflict Resolution, Customer Service, Resume
Writing, and Interview Preparation.
August 20, 2010 Sue Montelone Page 2
I also presented a customized Customer Service workshop in October 2007 to
workforce development employees.
Since 2006, 1 have developed training materials and presented Customer Service,
Leadership and Motivation, and Basic Writing skills workshops to Orange County
businesses through the Rancho Santiago Community College District (RSCCD)
Workplace Learning Resource Center. I have also customized workshops to meet
specific needs of Orange County businesses and departments within RSCCD.
As a presenter with Santa Ana College Community Services, I facilitate a workshop to
help participants identify career possibilities, set goals, and take action to achieve them.
Workshop participants use the 140-page interactive guidebook/journal that I wrote
called Be Your Passion Unlock Your Power and Find Fulfillment.
I have conducted Customer Service and Workplace Success Skills workshops for
Office of Economic and Resource Development, Long Beach City College.
Attached are proposed curriculum and training including costs, a resume, and letters of
reference.
To encourage SAWC workshop attendance, perhaps participants could earn a
certificate for attending any five or more of the workshops.
Thank you for your consideration.
Sincerely, _ p
Sue Montelone
Attachments:
Proposed curriculum and training for ten workshops including costs
Resume
Letters of reference
Sue MontelOne
19918 Paseo Lorenzo, Yorba Linda, CA 92886
714-777-3284 montelone-sue(Myahoo.com
Career Development Professional who helps groups and individuals achieve career goals through
higher levels of self-awareness and empowerment. Knowledgeable presenter sought by professional
associations and colleges to provide training materials and workshop facilitation. Enthusiastic leader
who maintains effective relationships with a diverse population of clients, students, and staff.
Areas of Expertise:
Classroom Instruction Author, Career Goals Guidebook R6sum6 Writing
Career Guidance Microsoft Office Specialist - Word Public Speaking
Event Coordination Group Presentations / Workshops Business Development
Professional Experience:
Rancho Santiago Community College District - Santa Ana, California 2004 - present
Workshop Presenter, Santa Ana College Community Services (2010 - present)
• Help participants learn how to identify career possibilities and create a plan to achieve goals
• Utilize the guidebook Be Your Passion Unlock Your Power and Find Fulfillment
Adjunct Faculty, Santa Ana W/O/R/K Center (2007 - present)
• Develop and conduct employability skills workshops for Santa Ana W/O/R/K Center
Professional Expert, Workforce Learning Resource Center (2006 - present)
• Write curriculum and conduct workshops in leadership and business writing skills
• Develop PowerPoint presentations and Instructional materials to maximize learning
Adjunct Faculty, Office Employment Training Program (2004 - present)
• Guide and empower students to prepare for office employment and update technical skills
• Teach and counsel students in r6sum6 writing, Interviewing, employability, and job retention
Azusa Pacific University -Azusa, California 2006 - present
Mentor of Student Teachers, Teacher Education Department
• Observe and provide guidance in teaching practices to student teachers at public schools
• Counsel student teachers in classroom organization and behavior management
A Win-Win R6sum6 and Career Coaching - Yorba Linda, California 1988 - present
Career Coach / Professional R6sum6 Writer / Author
• Help clients to identify and achieve career goals through assessments and career coaching
• Develop high-impact marketing materials for professionals from various industries
• Provide Internet research and editing for graduate-level professors and public speakers
• Plan, coordinate, and conduct career-related workshops and programs
Education:
Job and Career Transition Coach, the Career Planning and Adult Development Network
Teaching Credential - Multiple Subject, University of California, Irvine
BA, Psychology, California State University, Fullerton
International Career Development Conference (2002 Conference Planning Committee)
Train-the-Trainer Customer Service Academy, Economic & Workforce Development
Presentation Skills Training Program, American Society for Training & Development
Program Summary Cover Sheet
PROPOSER INFORMATION:
AGENCY NAME:
AGENCY ADDRESS:
PROGRAM NAME: SITE ADDRESS:
PROGRAM CONTACT PERSON: Sue Montelone
TELEPHONE 714-777-3264 FAX E-mail
CONTRACT SIGNATORY: Sue Montelone
TELEPHONE 714-777-3264 FAX E-mail
FEDERAL I.D.
AGENCY STATUS:
Public Non-Profit Corporation Private Non-Profit Other X (Consultant)
Private For Profit Government
Years in Operation
PROGRAM DESCRIPTION: Briefly summarize the proposed program.
Santa Ana W/O/R/K Center clients can develop employability skills by attending the following
workshops: Resume Writing, Internet Job Search Techniques, Interview Preparation, Writing
Cover Letters and Thank-you Letters, Goal Setting, Stress Management, Self-Management /
Time Management, Attitude and Initiative, Conflict Resolution, and Customer Service.
IF APPLICABLE: FEE FOR SERVICE: $50/hour + cost of handouts OFF-THE-SHELF PRICE:
In compliance with the request for qualifications format, and subject to the conditions
thereof, the undersigned offers to furnish the services requested and cert4fies he has read,
understands, and agrees to all terms, conditiona, and requirements of this request for
quceitficatio,x.s and is authorized to contract on behalf of the firm named above should the
need arise.
Signature of Authorized Representative:
?Ytle: Date: /2O~/o
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2010-056 -
CERTIFICATE OF INSURANCE
EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS.
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with City of Santa Ana
Apex Insurance Services 20 Civic Center Plaza
P. O. Box 6450 Santa Ana, CA 92701
Newport Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT HOLDER): EVENT INFORMATION:
Sue Montelone TYPE: Resume Workshop/Self Improvement
19918 Paseo Lorenzo DATE(S): September 15, 2010 - December 31, 2010
Yorba Linda, CA 92886 LOCATION: Work Center
*Liquor Liability Yes Q No
**Liquor Liability after 12 am ends before 2 am
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, terms 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: 10SEP1000001
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2010 EXPIRATION: JANUARY 1, 2011
COMMERCIAL GENERAL LIABILITY - OCCURRENCEFORM DEDUCTIBLE: NONE
General Aggregate Limit $ 2,000,000
Products & Completed Operations - 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence Limit 1,000,000
Fire Damage (Any One Fire) 50,000
Medical Payments (Any One Person) 5,000
Liquor Liability (If purchased) 1,000,000
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 schedule, but only with respect to liability arising out of the
ownership, maintenance or use of the premises used by the named insured (event holder). This 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 be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the
certificate holder and additional insureds listed.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: September 15, 2010 b Briza Morales C A~ FORM
O tt
Assistant city Attorney