05-0419_BYRNES, ILSE M._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of April, 2005, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ilse M.
Byrnes (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to prepare the
paperwork, photographs, maps and other documentation for nomination to the National
Register of Historic Places for the Swanner House; 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 April 30, 2005,
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Three Thousand Dollars ($3,000).
3.2 Rate Schedule.
The services shall be provided for Three Thousand Dollars. 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.
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, , 3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed 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 S. 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. 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 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. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
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facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. 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 11. 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 12. 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 13. 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
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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 14. 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 15. 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: Planning Director
To Consultant: Ilse M. Byrnes
P. O. Box 1029
San Juan Capistrano, CA 92693
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 18. 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.
ATTEST:
R. Monahan, City Clerk
fj,PPFjCOVED AS TO FORM:
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John R. Sh , City Attorney
C'. WyFiles\CONTRACTMymee. wpd
CITY OF SAN JUAN CAPISTRANO
By:
Dave F. Adams, City Manager
ILSE M. BYRNES
By: LfL.. � ,.
Ilse M. Byrnes
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I
Erin Gattis
From: Ilse Byrnes [ilse_bymes@yahoo.com]
Sent: Sunday, February 27, 2005 3:18 PM
To: egettis@sanjuancapistrano.org
Dear Mrs. Gettis,
The historic Swanner House, owned by the City of San
Juan Capistrano is of great historic importance and
qualifies for Nomination to the National Register of
Historic Places.
I would be willing to do the nomination that includes
all necessary photographs, maps and documentation for
$ 3000.00
Sicerely yours,
Ilse M. Byrnes
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1 EXHIBIT A
ILSE M. BYRNES
POSTAL BOX 1029
SAN JUAN CAPISTRANO, CA. 92693
(949)493-4222 Fax (949)493-1228
April 9, 2005
Molly Bough
Planning Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: National Register of Historic Places Expenses
Dear Mrs. Bough:
At present I am finishing the National Register of Historic Places Nomination Form for
the Swanner House.
To nominate a building requires extensive research of the architecture and the history of
the building.
It also asks for important dates, events and especially the history of the person who
either built or lived in the house.
Detailed photographs in black/white of the exterior and the interior ( in duplicate) plus
several colored slides are required.
Historic photographs of the place and its occupants have to be included in the
Nomination as well as a USGS map, a site plan and sketch map.
I hope this information will clarify the $ 3000.- contract agreement that Erin Gettis asked
for.
Sincerely,
L.�
I1se.M. Byrnes