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03-0811_WHITE, EILEEN B._Personal Services Agreement0 THIS AGREEMENT is made and entere into this i day of T�— , 2003, by and between the City of San uan Capistrano (hereinafter eferred to as the "City") and Eileen B. White, (hereinafter eferred to as "Consultant"). WHEREAS, City desires to retain the seices of Consultant regarding providing recording secretary services for the purpose ol taking and preparing City Council and Community Redevelopment Agency meeting minutes; and WHEREAS, Consultant is qualified by and expertise to accomplish such services. NOW, THEREFORE, City and Consu Section 1. Scope of Work. The scope of work to be performed by set forth in Exhibit 'A" attached and incorpor< Consultant warrants that all of its se professional and satisfactory manner and in its profession. Section 2. Term. This Agreement shall commence on th( services required hereunder shall be completed Section 3. Compensation. 3.1 Rate Schedule. The services shall be billed to the "B" attached and incorporated herein by refere within the compensation are all the Consultant': incurred by it, its agents and employee: representatives and incidental costs to perform be in accordance with Consultant's proposal. 3.2 Method of Payment. of experience, training, education mutually agree as follows: shall consist of those tasks as herein by reference. shall be performed in a competent, ance with the prevalent standards of effective date of this Agreement and y no later June 30, 2004. ',ity at the hourly rate set forth in Exhibit ce, but not to exceed $6,000. Included ordinary office and overhead expenses including meetings with the City he stipulated services. Submittals shall 08-01-03 0 Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly 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. 3.3 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 Subco!*actinq and Assignment. The experience, knowledge, capability a d 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 omissionsi 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. Citywill deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Wolk. 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 an j Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the 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, 2 08-01-03 0 0 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 B. 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 hl s no interest and shall not acquire any interest, direct or indirect, which would conf ict in any manner or degree with the performance of the services contemplated by t iis Agreement. No person having such interest shall be employed by or associated witt 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 minutes in electronic — Microsoft Word format. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunderi 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 organizatior without prior written consent of the City. All such reports, information, data, and exhibi s shall be the property of the City and shall be delivered to the City upon demand wi hout additional costs or expense to the City. The City acknowledges such docurT ents 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 Mand 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 3 08-01-03 0 0 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: Director of Admin Services To Consultant: Eileen B. White Recording Secretary 779 Calle Vallarta San Clemente, CA 92673 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"). 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. 4 08-01-03 0 IN WITNESS WHEREOF, the parties he CITY C ATTEST: 'tA A/A V \ "I R. Monahan, City APPROVED AS TO FORM: John R.1Shaw, City Attorney -,to have executed this Agreement. F SAN JUAN CAPISTRANO By: P ela Gibson, Interim City Manager CONS I. In B. White 5 1 08-01-03 0 0 EXHIBIT A PERSONAL SERVICES AGREEMENT For Recording Secretary Services The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated therein by reference. SCOPE OF WORK ❖ Attend City of San Juan Capistrano City Council meetings held on the 15t and 3`d Tuesdays monthly. ❖ Record the meeting proceedings eithe by taking written notes or by taking notes on a laptop computer, if one is provide by the City for this use. Notes taken on a laptop computer will be in Word 200 format. ❖ Prepare written meeting minutes, in electronic — Microsoft Word 2000 format, in a minute document format provided by the City Clerk. Draft meeting minutes will be provided to the City Clerk within 7 days of the meeting. The draft is subject to revision. Revisions will be made to the draft within 2 days of receiving requests for revisions. ❖ Meeting minutes may be transmitted t� the City Clerk via e-mail. In the unlikely event that e-mail is unavailable, minutes will be provided on a 3'/2 " floppy disk or other electronic media agreeable to the City Clerk. ❖ Provide necessary communications to coordinate the preparation of the minutes Jul -29-03 10: Hum From-O'M F'M1AN'-� "-'9`2%^" r-1(4 p U!ru[ r-pu4 EILEEN H. WHITE Recording Secretary 779 Calle Vallarta San Clemente, CA 92673 949-498-9194 July 29, 200? Meg Monahan, City Clerk City of San Juan Capistrano RE: Recording Secretary Position FAXED ONLY TO 9491493-1171— 2 pages Dear Ms. Monahan: In response to your ad for a recording secretaryp I submit this "Letter of Interest" and my resume for your consideration_ i I have worked as a recording secretary, independent contractor status, for the City of San Clemente since 1993. I currently do the minute for the Planning Commission and Talega Joint Planning Commission I also work for the City of Laguna Niguel, whee I have been doing the minutes for The Parks and Recreation Commission since 1993 and Youth Committee since 2000. I currently have Tuesday evenings available and am confident that I can adjust to the style of minutes that you prefer. I charge $35.00 per hour for my services and typic4ly charge two hours of typing for every hour of a�eeting. I can provide samples of my work if asked. If you have any questions, plea feel free to contact me at 949-498-9194. I look forward to hearing from you. i Sincerely, Eileen White Exhibit B Jul -29-03 10: u4am Tor -UC50 =.N=N*_t • EILEEN WHITE 779 Calle Vallarta San Clemente, CA 92673 949-498-9194 L 114 Y uciaa '-QvY OBJECTIVE To utilize my skills as a recording; secretary to expand my client base. EDUCATION Saddleback College, Mission Viejo, California ARA approv'rd Paralegal Program Associates of Arts degree 0 Legal Studies Graduated in May 1999; 3 {9 GPA Recipient of the Distinguished Student Award 1999 EXPERIENCE Self-employed as a Recording Secretary 1993 to the present City of San Clemente Planning Commission City of Laguna Niguel Pa>ks and Recreation Commission 2000 to the present City of Laguna Niguel Youth Committee June 2003 to present City of San Juan Capistrafro Traffic Commission Attend and record Commission and Committee Meetings; Prepare minutes synopse ; Transcribe audio tapes; Prepare council chambers for meetings COMPUTER SKILLS Proficient with Microsof� Word, WordPerfect for Windows REFERENCES San Clemente City Planner George Buell - 949-361-6180 San Clemente City Clerk Myrna 8rway - 949-361-8301 Laguna Niguel Admin Ser. Dir. - Pam Lawrence - 949-362-4300 Laguna Niguel Recreation Sup. - Gretchen Malcolm - 949-425-5100 San Juan Capistrano Snr! Eng. - Alan Oswald - 949-443-6356