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Home My WebLink AboutPHAM, STEVENINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: DEC 13 Z023 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez 0% -L-f C 0 ) (rA, -Tofre) A-e Steven V. Pharn, JD, MBA 25691 Pacific Hills Dr. Mission Viejo, CA 92692 CITY OF SANTA ANA INFORMATION TECHNOLOGY DEPARTMENT 20 Civic Center Plaza * P.O. Box 1988 Santa Ana, California 92702 vinnivisanta-ana.org December 5, 2023 RE: Letter Agreement for 2023 IT Team Building Workshop Dear Mr. Pham, N-2023-336 INTERIM CITY MANAGER Thomas R. Hatch CITYATTORNEY Sonia R. Carvailho CITY CLERK Jennifer L. Hall This letter shall be our Agreement ("Letter Agreement") regarding the consulting services ("Services") to be provided by Steven V. Pham, J.D., M.B.A. ("Consultanf') as an independent contractor to the City of Santa Ana (the "City") in relation to assisting the City's IT Department in conducting a one -day team building workshop ("Project"), as further identified and described in Consultant's "Statement of Work," attached hereto and incorporated herein by reference as Exhibit A. The Services are to be provided to the City's IT Department. The term of this Letter Agreement shall begin on December 15, 2023 at 8:00 a.m. and end on December 15, 2023 at 4:00 p.m., unless the Services are completed or the Letter Agreement is earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services. Consultant shall perform all Services under this Letter Agreement in a skillftil and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and shall be maintained throughout the term of this Letter Agreement. SANTA ANA CITY COUNCIL Voters Arnu.. Jessie _apez Thai Viet Phan Berperin Vai Phil Be.. Johnaltran Ryan Henri 0.�d Perot.. M." Mayor Pni War,13 Warr! 1 Want 2 Ward 4 Wai 5 Ward 6 varreson.flai iaaig19ggZ@§i gin h.nin.,i am bvin�atuar0santai obareiredisieflai am ryanh.orandeza.iini mr,losanosarna-ii The total compensation shall not exceed three thousand dollars ($3,000.00) without written approval of the City. Consultant's invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City Manager's office as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of tennination. Consultant may terminate this Letter Agreement only upon 30 calendar days' written notice to the City only in the event of Citys failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Orange County, State of Califimria. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work� disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court. Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. SANTA ANA CITY COUNCIL Valens Ammua Jessie Lopez Thai Vlet Phan Berannin Vearen, Phil Be.. Johneffian Ryan Hernandez Down! PeralDhe Mayor Mayor Pro Tern, Ward 3 Ward 1 Word 2 Ward 4 Warl 5 Word 6 ...a0s.rl.-.raorn tphan5sanips-are am WazhUrz9iie.h.-.n.a, b@g,,i,,2�anda aream ryanherrandeaMsarla-anahan Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. Sincerely, 9.6 r'.� Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA 9 Hafcfi Interim City Manager APPROVED AS TO FORM Jonathan T. Martine n, �. �z��n Assistant City Attorney ValendAm�a Jessie Loaa� Thai Viet Phan Madam Ped Tom, Wood 3 We'd 1 oame=a-mmond easielomeatimanta�nae timarAdarta dodo CONSULTANT &eVen V Aaw Stesim V. Pbran (Do, 11, 2023 15:29 PST) Steven V. Pham, JD, MBA N-2023-336 SANTA ANA CITY COUNCIL Benjamin Vnquez Phil &in. Johnal Ryan Hernandez Dread Perm.. Want 2 Ward 4 Want 5 Ward 6 to,azatrazaamem-anared 9broasmiReoma .. nermhemandeardidanta-mon chmmalazeAsanta-mme EXHIBIT A Steven V Pham, JD, MBA 25691 Pacific Hills Drive Mission Viejo, Ca. 92692 (714)743-1367 Subject: STATEMENT OF WORK City of Santa Ana Information Technology Department 2023 TEAM BUILDING PROSAL PROPOSAL STATEMENT This proposal is made by and between Steven Pham, ("Consultant"), and the City of Santa Ana, ("City"), a charter City and municipal corporation. Consultant shall perform during the term of this Agreement, the tasks, including all labor, materials, tools, and incidental customary work required to fully comply with the services as described in the Scope of Work as described below. SCOPE OF WORK In preparing for the team building event on December 15, 2023, Consultant agrees to perform the following: • Meet with the management of the IT Department to review the scope of work. • Gather necessary information with the operating Department to develop preliminary information about the goals and objectives for the organization. • Design and prepare the necessary curriculum to facilitate a one -day team building workshop. • Lead and facilitate an all -day team building workshop, scheduled for December 15, 2023, from 8:00 am to 4:00 pm. FEES A one -day team building workshop will include facilitation, and all materials. Final payment in the sum of $3,000 will be paid to Consultant at the conclusion of the workshop. Steven Pham - IT Team Building Workshop (Letter Agreement) - CAO signed Final Audit Report 2023-12-11 Created: 2023-12-11 By: MELANIE TORRES (MTorres@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAzs02ikYyPe3SVeQbiXl lJcqhyFhVT2hK "Steven Pham - IT Team Building Workshop (Letter Agreement) - CAO signed" History Document created by MELANIE TORRES (MTorres@santa-ana.org) 2023-12-11 - 8:27:20 PM GMT- IP address: 45.49.188.173 P4 Document emailed to stevenphaml@cox.net for signature 2023-12-11 - 8:28:07 PM GMT Email viewed bystevenphaml@cox.net 2023-12-11 - 11:28:18 PM GMT- IP address: 68.5.83.251 &0 Signer stevenphaml @cox.net entered name at signing as Steven V. Pham 2023-12-11 - 11:29:55 PM GMT- IP address: 68.5.83.251 &0 Document e-signed by Steven V. Pham (stevenphaml @cox.net) Signature Date: 2023-12-11 - 11:29:57 PM GMT - Time Source: server- IP address: 68.5.83.251 P4 Document emailed to Jack Ciulla aciulla@santa-ana.org) for signature 2023-12-11 - 11:30:01 PM GMT Email viewed by Jack Ciulla aciulla@santa-ana.org) 2023-12-11 - 11:30:07 PM GMT- IP address: 98.153.69.210 &Q, Document e-signed by Jack Ciulla aciulla@santa-ana.org) Signature Date: 2023-12-11 - 11:30:17 PM GMT - Time Source: server- IP address: 98.153,69.210 Agreement completed. 2023-12-11 - 11:30:17 PM GMT a Adobe Acrobat Sign