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Home My WebLink AboutGARVIN, WILLIAM L. 1-1999 /V - I 'f f '( - USu AGREEMENT FOR CONSULTANT SElRtV<<lJES/OT REQUIREDJ.Wt\tffic,Y fie< ,V'" WORK MAY PROCEED - CL(J(I\'; Oi~;::"'j CLSRK OF COUNCil C. / J) THIS AGREEMENT is entered into this ,Jr.-I<- day dJAT~ :J/;OH , 1999, by and ,::vt-- between WILLIAM L. GARVIN, hereinafter referred to as" ONSUL TANT," and the CITY OF SANTA ANA, a Municipal Corporation, hereinafter referred to as "CITY." ,lO()).- Recitals: 1. City is desirous of contracting with CONSULTANT for the performance of the services described in Section 3, below. 2. CONSULTANT is willing and able to render such services on terms and conditions hereinafter set forth; WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Term A. This AGREEMENT shall commence on the date first above written and continue for a term of one year thereafter, subject to extension as provided in subsection B of this section, unless sooner terminated pursuant to Section 2 herein below. B This AGREEMENT may be extended by the parties for two additional one- year periods. Such extensions shall be in writing and executed by both parties thirty (30) days prior to the end of the one-year term then in effect. 2. Termination A. Either party may terminate this AGREEMENT for any reason upon thirty (30) calendar days written notice to the other party. Written notice shall be given personally or sent through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: CITY: City of Santa Ana Police Department Attention: Personnel Commander 60 Civic Center Plaza, M-97 P.O. Box 1981 Santa Ana, CA 91702 CONSULTANT: William L. Garvin California Training Company 161 Countryview Court Vallejo, CA 94591 (707) 644-0454 Written notice is effective five days after mailing to the most current address provided by the parties. Failure of either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice is effective upon delivery. 3. Employment Status CONSULTANT shall, during the entire term of the 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 the' AGREEMENT; provided always however that the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. 4. Scope of Services A. POLICE SUPERVISORY TRAINING SPECIALIST CONSUL TANT, in his capacity as a Police Personnel Specialist, shall: 1. Provide 2 days training (exact dates to be determined by the Santa Ana Police Department and the Consultant) titled "Police Supervisors Role in Dealing With Difficult Employees" and "Police Supervisors Role in Evaluating Police Personnel". Class length is 7 hours each day. 2. Provide an outline and lesson plan on course of instruction, which is to be approved by the Santa Ana Police Training Section at least 2 weeks prior to the date of the class. 3. Review the Santa Ana Police Department Manual on Employee Performance Evaluation System (provided by the Santa Ana Police Department). 4. Review the Memorandum of Understanding between the Police Officer Association and the City of Santa Ana (provided by the Santa Ana Police Department). 5. Review the Santa Ana Municipal Code Chapter 9 on employee discipline and appeal process (provided by the Santa Ana Police Department). 5. Compensation A. In consideration for CONSULTANT services, CITY shall pay CONSULTANT $3310.00 total compensation for the two days of training. B. Consultants shall be responsible for his transportation, food, lodging and all other expenses. C. The total sum payable under this contract shall NOT EXCEED ten thousand ($10,000) dollars annually. D. CONSULTANT agrees to submit a detailed invoice for services performed at time of submission of all monthly reports. E. CITY agrees to pay CONSULTANT within thirty (30) days following the receipt of said invoice. CITY's payment is subject to review under CITY's standard accounting procedures. 6. Non-assignment of Agreement Inasmuch as this AGREEMENT is intended to secure the specialized services of the CONSULTANT, CONSULTANT may not assign, transfer, delegate, or sublet any interest therein without the prior written consent of the CITY and any such assignment, transfer, delegation or sublease 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 of this AGREEMENT performed by CITY personnel or by other consultant's retained by the CITY. 7. 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 contract. 8. Indemnification A. The CITY shall indemnify, defend and hold harmless the CONSULTANT from any claim, demand, liability, judgment or expense arising out of the CITY's good faith performance pursuant to this contract; provided however, that the CITY shall not be obligated to indemnify and hold harmless the CONSULTANT to the extent that such claim, demand, liability, judgment or expense results from CONSULTANT's negligence. B. The CONSULTANT shall indemnify, defend and hold harmless the CITY from any claim, demand, liability, judgment or expense arising out of the CONSUL T ANT'S good faith performance pursuant to this contract; provided however, that the CONSULTANT shall not be obligated to indemnify and hold harmless the CITY to the extent that such claim, demand, liability, judgment or expense results from CITY's negligence. 9. Insurance CONSULTANT shall provide CITY with evidence of personal medical insurance. Consultant is an independent contractor and is not covered by the CITY's workers compensation insurance. Proof of medical insurance shall be provided prior to the effective date of this AGREEMENT. As a condition of this AGREEMENT, CONSULTANT shall maintain personal medical insurance during the term of this AGREEMENT and its extension, if so extended. 10. Exclusivity and Amendment of Agreement This AGREEMENT supersedes any and all other agreements, either oral or in writing, between parties hereto with respect to employment of CONSULTANT by CITY and contains all covenants and agreements between parties with respect to such employment in any manner whatsoever. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. CONSUL T ANT specifically acknowledges that in entering into and executing this AGREEMENT, CONSULTANT relies solely upon the provisions contained in this AGREEMENT and no others. 12. Validity If any term, covenant, condition or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 13. Laws Governing this Agreement This AGREEMENT has been executed and delivered in the State of California and the validity, enforce ability and interpretation of any of the clauses of this AGREEMENT shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created hereunder are performable in Orange County and such County 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. . . IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the date and year first above written. ATTEST: CITY OF SANTA ANA, a municipal Corporation of the State of California ~ .JdJ. ~. / j, I , / . ; Ii . // -'4,y ..- J ce C. Guy () tf rk of the Council ~=J?~ vid N. Ream City Manager APPROVED AS TO FORM: )I~. Hugh Haiford Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSUL TANT: ki~1~ !L;u~~ LLlAM L. G RVIN y~(~ Paul M. Walters Chief of Police 548-58-1515 Employer ID # or Individual SS #