07-0423_KELLY, MYRA_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this '.?-3 day of r)� 0 Z,
2007, by and between the City of San Juan Capistrano (hereinafter eferred 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.
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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. Tenn.
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 S. 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.
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Section 6. No Third Party Rights
The parties intend not to create rights in, or to grant remedies to, any third 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
performarfce 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.
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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 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.
ATTEST:
APPROVED jk§ TO FORM:
John R. q6w, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: '%�`
Dave Adams, City Manager
CONSULTANT
By: ,
Myra/411Y
Ily
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 4931053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO
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Myra Kelly
2995 Van Buren Blvd., Ste 21, PMB 419
Riverside, CA 92503
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Personal Services Agreement -- Massage Testing Services
Enclosed:
Original, executed agreement for your records.
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
If you have questions related to the agreement, please contact Diane Regier, Management
Analyst (949) 443-6304.
CC:
Diane Regier, Management Analyst
Cynthia L. Russell, Administrative Services Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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Printed on 100% recycled paper