04-0304_KT COMMUNITY RELATIONS_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 0 day of March 2004, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and
KT Community Relations (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal for Public Relations and Community Liaison services; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than June 30, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed Twelve Thousand Dollars ($12,000), as set forth in Exhibit 'A," attached and
incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the rate set forth in Exhibit "B,"
attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment
Consultant shall submit semi-monthly invoices based on total services
which have been satisfactorily completed and specifying a percentage of projected
completion for approval by the City. The City will pay monthly progress payments
based on approved invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City
is required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be
made available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Channes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section B. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 9. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 10. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 11. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
11.1 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non -owned vehicles as required by law in the State of California.
11.2 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
proof of insurance to the City Clerk's office for certification that the insurance
requirements of this Agreement have been satisfied.
Section 12. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving ten(10) days' advance written notice of termination to the other parry
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 13. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Cindy Russell, Acting Assistant City Manager
To Consultant: KT Community Relations
32 Rambling Lane
Aliso Viejo, CA 92656
Attn: Kelly Tokarski
Section 14. Entire Aareement
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
CONSULTANT
By:
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R.aw, City Attorney
Exhibit "A"
Scope of Work
• Handle all media relations, including maintaining relationships with key local
media; writing and distributing media releases; coordinate requests for
information and provide responses as necessary.
• Meet with Department Heads as required by the City looking for opportunities to
positively promote the City; information for the public on upcoming items of
interest; and stories to pitch to the local media.
• Prepare all Mayor's Messages (bi-weekly) and City Hall Updates (weekly) for
publication in the Capistrano Valley News.
• Coordinate and write speeches for the Mayor and City Council members as
necessary.
• Coordinate City Council related special events and assist with other special
events including coordination of City information exhibit at certain community
events.
• Provide support to Mayor, City Council and other City staff members at City -
sponsored and other special events; including attendance at the event;
coordination with other agencies and/or dignitaries; taking pictures and
distributing to the media as necessary and other assistance as required by the
City.
Coordinate other City related public relations activities provided by outside
vendors.
Exhibit "B"
Rate Schedule
Flat Monthly Fee
$3,000.00
Fee to be billed semi-monthly. Invoices to include a detailed listing of services provided
including written material prepared, events coordinated and attended; etc. Invoices to
be submitted and paid based on City's Accounts Payable schedule as issued by the
Department of Administrative Services.