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N-2019-136 INSURANCE NOT ON FILE WORK MAY NET PROCEED CLERK OF COUNCIL DATE: AGREEMENT WITH FELICE STINSON-HERNANDEZ 0 /,) AUG 0 6 2019 TO PROVIDE COUNSELING SERVICES lea rnlcl d I C - THIS AGREEMENT, made and entered into this Ist day of July 2019 by and between Felice Stinson Hernandez (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 laowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his 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: SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this agreement which include counseling and/or instructional services to inmates in the areas of anger agreement, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of fifty five dollars ($55.00) for all scheduled instructional and counseling sessions. The total sum to be expended during the term of this Agreement shall not exceed $35,000. 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, 2020 unless terminated earlier in accordance with Section 12, below. 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