06-0518_KELLY, MYRA_Personal Services AgreementPERSONAL SERVICES AGREEMENT (
THIS AGREEMENT is made and entered into this/qday of Y f�Ul
2006, by and between the City of San Juan Capistrano (hereinafter refer to as the
"City") and Myra Kelly (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, the City issues permits to qualified massage therapists pursuant to
Section 5-24.01 of the municipal code; and
WHEREAS, pursuant to Section 5-24.17, the City Manager is authorized to establish
an alternative examination requirement for massage therapists which shall be both a
written and practical examination; and
WHEREAS, Consultant is qualified to administer the written and practical
examination for massage therapy applicants, and is willing to do so under the terms and
conditions set forth herein.
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," "Proposal for Massage Testing Service" attached and incorporated
herein by reference.
Consultant shall develop, provide, administer, grade and submit written results of a
written and practical examination suitable to fairly test an applicant's ability to perform
massage (hereinafter the "Consultant Test"). Each test will be based on transcripts and
detailed class content descriptions provided by applicant school. Should no class
descriptions be provided by the applicant, Consultant shall create a test based on the class
content of other schools for the same subjects.
The practical portion of the Consultant Test shall include all items listed on Exhibit A
under Testing, Section 1 as applicable to applicant's transcript and class descriptions, and
may cover any or all subjects listed on transcript and class descriptions provided by
applicant.
The written portion of the Consultant Test shall cover, at a minimum, but not limited
to the following basic subjects: ethics, hygiene, history, theory, muscle and bone
identification. Questions will also be included to cover all or any portion of subjects based
on transcript and class descriptions provided by applicant.
The Consultant Test shall be held at a location determined by the City which allows
for all requirements set forth in Exhibit A. Testing dates and times will be mutually
determined by the City and Consultant. Every effort will be made to schedule the testing
within ten (10) working days after Consultant receives all information required from City as
stated in Exhibit A.
Consultant shall make every effort to submit to the City written results of the
Consultant Test within ten (10) working days from the testing date.
City shall keep confidential and shall not disclose the Consultants test questions,
examination materials, information prepared by or obtained from the Consultant.
Consultant agrees to keep confidential examination results, records or information
prepared by or obtained from the City, except as expressly authorized in writing by the City.
Section 2. Term.
The term of this agreement shall be for one (1) year, commencing from it's effective
date as set forth in paragraph one. The City has have the option, at its sole discretion, to
renew this Agreement, under the same terms and conditions set forth herein, for four (4)
additional one-year terms, by giving Consultant no less than thirty (30) days notice of its
intent to renew the Agreement.
Section 3. Compensation.
City shall pay Consultant for professional services rendered pursuant to this
Agreement at the rate of forty-five dollars ($45.00) per applicant who takes any portion of
or all of the Consultants Test on a scheduled test day, or four hundred fifty dollars
($450.00) per test session whichever is greater. Total compensation for the scope of
services for this Agreement shall not exceed ten thousand dollars ($10,000.00).
No extra services beyond the scope of this Agreement shall be rendered by
Consultant, unless such extra services shall be authorized in writing by the City Manager.
Section 4. Method of Payment.
City agrees to pay Consultant for work performed within thirty (30) days after
submission of an invoice from Consultant describing such work.
Section 5. 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.
2
Section 6. No Third Party Rights
The parties intend not to create rights in, orto grant remedies to, anythird party as a
beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein.
Section 7. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 8. 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 9. 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
Section 10. 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 Administrative Services
To Consultant: Myra Kelly
2995 Van Buren Blvd., Suite 21, PMB 419
Riverside, CA. 92503
Section 11. 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.
101
Section 12. 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 ("JAM
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.
APPROVED AS TO FORM:
John R. w, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: Z- OX141 a
Dave Adams, City Manager
CONSULTANT
By: IA4M- 94A4
0
02/17/YU66 16:J6 FAX 951J4UU1s4 sCsm
2995 Van Buren Boulevard
SuiteA-13, PMB4t9
Riverside, CA 92503
951-789-6524 Office
951-283-8067 Cell
Proposal for Massage Testing Services
Testing fees:
1. $45.00 per person or $450.00 pex testing session which ever is greater.
2. Invoice submitted after testing and grades are submitted to city (within 5 working
days).
3. Payment of invoice due within 30 days of billing.
Request City to provide the following :
I . Provide each applicant my instructions for test day.
(Part of the testing is evaluated on the applicant following these instructions.)
2. Provide to me 10 working days prior to test date:
A. Copy of applicants transcript(s) and certificate(s)
3. Provided by the school descriptions of all class contents. Should detailed class
Content descriptions and Acupressure/Shiatsu points not be provided tests will be
created using common class content from other schools.
4. Language for my written test:
1. English
2. Chinese
3. Korean
4. Vietnamese
5. Room suitable for written and practical tests. Need to keep Applicants who have
tested away from Applicants waiting. Models must leave immediately without
talking to waiting Applicants or Models.
6. Provide a city representative to be present during testing. I will also explain reasons
for failing applicant during practical.
7. Approved court certified interpreter for translation during practical testing and any
written test not available in Chinese, Korean, Vietnamese or Spanish.
Testing Includes:
Written and practical testing on any and/or all subjects listed on transcripts.
1. Practical Testing based on transcript(s)
A. Hygiene and presentation of Applicant during testing
B. Linens
1. Cleanliness
2. Appropriate linens for male and female clients
3. Appropriate sized linens for male and female clients
C. Table setup
D. Turning client over
WJ VVL
EXHIBIT A
02/17/2008 18:78 FAX 9517400154 scsM
D. Turning client over
E. Draping of male and female clients prone and supine
F Consideration of modesty for client
G. Physical contact of applicant with client
H. Bodywork demonstration:
1. Techniques for types of bodywork listed on transcript(s)
2. Acupressure/Shiatsu points
3. Auricular points
4. Reflexology
I. Helping client off table
J. Following verbal and prior written instructions
K. Use of Bolster and Face Cradle
L. Safety for client
2. Written Test is created from each applicant's transcripts) and class descriptions.
Examples of written test content:
History, Theory, Ethics, Hygiene, Muscle & Bone Identification, Meridians,
Points, questions customized from classes descriptions
C. Grading:
Results will be turned in to city contact within ten working days. (I usually get
test results turned in within five days.) I can fax or call whichever is preferred.
WJuua
02/17/2008 10:38 FAX 9513400154 scsM
Interpreters for testin
There has been a growing problem with interpreters providing answers to Applicants
during testing. I have worked with all of these individuals and can attest to their honesty.
Korean
Young K. Kim
Court Certified Interpreter
Pager (310)490-3889
Office (310)865-9669
Home (714)447-3355
Hyon K. Ro
Certified Court Interpreter/Translation
Pager (213)3904551
Telephone (818)507-1526
)Vietnamese
Tuan Anh Nguyen
State Certified Interpreter/Translator
Office (909)657-2928
Cell (714)269-6209
Chinese
Pearl -Fan Sarvis
California Certified Interpreter/Translator
Phone(916)391-3029
Cell(714)865-2579
Beeper(916)310-0282
Web Site: PearlFanAsbeglobal. net
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