HomeMy WebLinkAboutYUFE, ONA-2008.. INSURANCE NOT REQUIRED N-2008-132
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: I0 ~~0~ AGREEMENT
o : Pol~'« Cz~
C.or; g~~~n THIS AGREEMENT, made and entered into this 41h day of September, 2008 by and
Ke . ~ ~gea~~etween Ona Yufe, an individual (hereinafter "Speaker"), 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 speaker to discuss domestic violence issues.
B. Speaker represents that she is able and wilting to provide such services to the City.
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:
I. SCOPE OF SERVICES
Speaker shall lead a question and answer presentation as part of the Santa Ana Police
Department's (SAPD) domestic violence training. Each question and answer presentation is
scheduled immediately after a training session and should last approximately 1'h hours.
Presentations shall be scheduled at the mutual agreement of Speaker and City.
2. COMPENSATION
a. City agrees to pay, and Speaker agrees to accept as total payment for her services, two
hundred dollars ($200.00) per session. The total sum to be expended under this Agreement shall
not exceed $500.00 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.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2009, unless terminated earlier in accordance with Section ] 1, below. The term of this
Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Speaker 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 Speaker
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performs the services which are the subject matter of this Agreement. Speaker shall be
responsible for all applicable withholding taxes.
5. INDEMNIFICATION
Speaker agrees to and shall indemnify and hold harmless the City, its officers, agents and
employees from liability 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 Speaker which relates to
the services described in section 1 of this Agreement.
6. CONFIDENTIALITY
If Speaker receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Speaker agrees that
she shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care she uses to protect her own information of like
importance, but in no event less than reasonable care.
7. CONFLICT OF INTEREST CLAUSE
Speaker covenants that she presently has no interests which would conflict in any manner
with performance of services specified under this Agreement.
8. 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, to the following persons:
To City: Santa Ana Police Department
Training Division
60 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, CA 92702-1988
9. EXCLUSIVITY AND AMENDMENT
To Speaker: Ona Yufe
285 Sea Vale Street
Chula Vista, California
90910
This Agreement represents the complete and exclusive statement between the City and
Speaker, and supersedes any and all other agreements, oral or written, between the parties. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Speaker 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.
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Speaker,
Speaker 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.
11. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice
of termination. In such event, Speaker shall be entitled to receive and the City shall pay Speaker
compensation for all services performed by Speaker prior to receipt of such notice of termination,
12. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of Califomia 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 Califomia. Both parties further
agree that Orange County, Califomia, 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.
CITY OF SANTA ANA
APPROVED AS TO FORM:
JOSEPH W. LETC R
City Attorney
DAVID REAL `
City Manager
PAUL M. WALTERS
Chief of Police
SPEAKER
C`~2-~
ONA YUFE
A7TEST~
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PATR/C/A E NFr9L
CLERK Of THE COUNC/L