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HomeMy WebLinkAboutSERRATO, RICHARD - 2008N-2008-165 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: I - ~-O ( AGREEMENT ~ Po~; ~_ ~~sc~;.( (~-~ ~ Kam. ix v~,,,x~THIS AGREEMENT, made and entered into this 12t° day of December, 2008 by P' and between Richard Sarrato, an individual (hereinafter "Instructor"), 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 an instructor to provide training in writing search warrants. B. Instructor represents that he is able and willing 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: 1. SCOPE OF SERVICES Instructor shall develop and present a course in obtaining Search Warrants, including writing defensible search warrants. Instmctor shall deliver the eight (8) hour course, at dates and times to be agreed between the SAPD and Instructor, for the benefit of SAPD officers and employees. Instmctor will prepare and provide any necessary presentation materials. 2. COMPENSATION a. City agrees to pay, and Instructor agrees to accept as total payment for his services, an hourly rate of $45.00. The total compensation to be provided pursuant to this Agreement shall not exceed $2,500.00 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 December 3l, 2009, unless terminated earlier in accordance with Section 11, below. The term of this Agreement maybe extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Instructor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreemenoint venture ded nor shall it be construed to create an employer-employee relationship, a j relationship, or to allow the City to exercise discretion or control over the professional manner in which Instructor performs the services which are the subject matter of this Agreement. Instructor shall be responsible for all applicable withholding taxes. $. INDEMNIFICATION Instructor agrees to and shall indemnify and hold harmless ust com ensatf onrs, agents and employees from liability for personal injury, damages, j p 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 Instructor which relates to the services described in section 1 of this Agreement. 6. CONFIDENTIALITY If Instructor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Instructor 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 Instructor covenants that she presently has no interests which would conflict in any manner with performance of services specified under this Agreement. g. 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 To Instructor: Richard Serrato Training Division 6780 Angelina Court 60 Civic Center Plaza (M-97) Chino, CA 91710 Santa Ana, CA 92702-1988 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Instructor, 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 Instructor. 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 Instructor, Instructor 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 maybe terminated by either party upon thirty (30) days written notice of termination. In such event, Instnuctor shall be entitled to receive and the City shall pay Instructor compensation for all services performed by Instructor prior to receipt of such notice of termination, 12. JURISDICTION -VENUE 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. // I/ IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: V PA RICIA E. H ' Z' ~ Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: '~c~~ ~~c` %~a Lautra Sheedy Assistant City Attorney- RECOMME(N.DED FOR APPROVAL: V~T~ PAUL M. WALTERS Chief of Police ~' DAVID N. M City Manager INSTRUCTOR RICHARD SERRATO Tax ID#: ~S/- ,~ ~ ~~