04-0615_KT COMMUNITY RELATIONS_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of June 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.
Work under the agreement shall commence on the effective date of this
Agreement and continue for one year. The City Manager or his designee shall have the
authority to extend the contract for two (2) one year periods. Extension shall only be
granted provided that Consultant has performed in a competent and satisfactory
manner and that any rate or fee increases can be mutually agreed upon and are within
market rates.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed $ 4,500 per month, as set forth in Exhibit "A," attached and incorporated herein
by reference, excepting there from those incidental expenses as indicated.
Compensation will be based on the hourly rate schedule as set forth in Exhibit "B",
however in no case shall it exceed $ 4,500 per month, plus incidental expenses.
Work requested and mutually agreed upon between the City and Consultant not
covered in the Scope of Work in Exhibit "A" shall be compensated at the consultants
hourly rate as provided in Exhibit "B".
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 set
forth in Exhibit "B" are all the Consultant's ordinary office and overhead expenses
incurred by it, its agents and employees, including meetings with City representatives 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 task and amount of time, plus
any incidental costs. Work not specifically covered under the scope of this contract will
be billed to the City under a separate invoice. The City will pay progress payments twice
per month for periods from the first (15) to the fifteenth (15th) and from the sixteenth
(16th) to the end of the month based on approved invoices in accordance with this
Section.
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 the City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of the City, and shall obtain no rights to any benefits which
accrue to the 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 the 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 the City, Consultant shall be
responsible to the 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 the City. All persons engaged in the work
will be considered employees of Consultant. The City will deal directly with and will
make all payments to Consultant.
Section 6. Changes 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 shall hereto agree on a fee for the
additional services pursuant to Sections 3.1, 3.2 and 3.3 herein.
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 8. 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 9 . 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 10. 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.
10.1 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.
10.2 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 11. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
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 12. 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: William Huber,Assistant City Manager
To Consultant: KT Communications
32 Rambling Lane
Aliso Viejo, CA. 92656
Attn: Kelly Tokarski
Section 13. Entire Agreement.
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
By:'--,GKja
Joeoto, Mayor
CONSU ANT
By:lLS2l �A A.•0A
Kelly Toka i
ATTEST:
cti
R. Monahan, City Clerk
APPROVED AS TO FORM:
John haw, City Attorney
Exhibit `A'
SCOPE OF SERVICES
The Consultant shall perform the tasks as set forth herein:
Press Releases
Consultant shall work with staff and City Council in the preparation of all Media Press
Releases. Releases must be handled in a timely manner to ensure appropriate local
paper deadlines are met. Consultant must have ability to develop releases that properly
represent the Cities position in a factual and concise manner. Graphics or photos
accompanying releases may be supplied by the City or provided by the consultant.
Consultant may be requested to prepare release from existing materials, staff reports,
and attendance at meetings or interviews with Council or staff. In all instances
consultant shall be responsible for all materials released to the press to ensure quality
and accuracy. All press releases must be near newspaper copy ready as possible to
ensure minimum loss of information due to space restrictions and editing. Consultant
shall also coordinate with staff and Council, if necessary, on requests for information
and provide appropriate response.
City Hall Updates
The City of San Juan Capistrano prepares and supplies to the local newspaper on a
weekly basis, updates on important City issues. Consultant shall work with staff and City
Council in the preparation of all City Hall Updates. The City Hall Updates must be
handled in a timely manner to ensure appropriate local paper deadlines are met.
Consultant must have ability to develop the Updates to properly represent the Cities
position in a factual and concise manner. Graphics or photos accompanying the
Updates may be supplied by the City or provided by the consultant.
Consultant may be requested to prepare Updates from existing materials, staff reports,
and attendance at meetings or interviews with Council or staff. In all instances
consultant shall be responsible for all information in the Updates released to the press
to ensure quality and accuracy. All Updates must be near newspaper copy ready as
possible to ensure minimum loss of information due to space restrictions and editing.
Mayors Messages
The Mayors Message is a bi-weekly regular feature in the local newspaper. The Mayors
Message provides important information to the community on a variety of topics. The
Consultant shall work with the Mayor and city staff on the preparation of the Mayors
Message to ensure quality and timeliness.
City Hall Meetings/Mayor Meetings
Consultant shall meet with Department Heads and City Manager's representative on a
regular basis to determine most news worthy information and activities. Consultant shall
coordinate with City Managers office on appropriate items and activities to report on.
Council Meeting attendance will be required where media coverage is required for
significant projects.
Consultant shall meet with the Mayor and other Council Members on an as needed
basis to facilitate and prepare Mayors Messages and other media information.
Speech Preparation
Consultant shall work with Council and staff in the preparation of speeches for the
Mayor and Council Members as appropriate. Consultant shall be responsible for the
quality and accuracy of the prepared speeches.
Community/Media Event Coordination
Consultant may from time to time be required to coordinate not only the media portion of
a community event but also to ensure the event is properly coordinated and attended.
This may include sending out notices to individuals, inviting speakers, coordination of
set up and tear down, securing appropriate facilities, food ordering etc. Venues may
include but are not limited to Chamber of Commerce, Downtown Merchants
Association, Rotary, and Senior's Club etc. Events may be scheduled either day or
night.
Public Relation/Community Outreach Campaigns
Consultant shall work with the City on all assigned public relation and community
outreach campaigns. Consultant shall provide information on most appropriate use of
available resources and proposed media campaign that will best achieve the City
desired results.
Consultant shall work with appropriate staff and prepare for review all City media
information.
Media Relations
Consultant must maintain a good working relationship with key media personnel at all times
Other Assigned Duties
From time to time other duties may be assigned that are not specifically addressed
above. Additional duties will be discussed and reviewed with consultant and paid for at
the set hourly rate in the contract.
Exhibit `A'
Exhibit `B'
Fee schedule and rate
KT Community Relations will work 20 to 25 hours per week for the city of San Juan
Capistrano at $50 per hour.
The fixed salary is not to exceed $4,500 per month and is subject to negotiation.
Mailings, postage and things not covered by the city will be charged as an additional cost
plus 15%. Vehicle mileage at 0.33/mile and other direct expenses will be charged in
addition to the maximum fee stated above.
Exhibit `B'