07-0716_WHITE, EILEEN B._Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this / l O day of
by and between the City of San Juan Capistrano (hereina�(er_ referred to as the "City") and
EILEEN WHITE (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant for taking and preparing
minutes of Parks, Recreation & Equestrian Commission meetings; 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 continuous until canceled by either party in
accordance with Section 14.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
the amount budgeted annually for this purpose by the Community Services Department.
3.2 Rate Schedule.
Services shall be billed to the City at the hourly rate of $40 per hour. 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.
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3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services that have
been satisfactorily completed and specifying a percentage of projected completion 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 as 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 6. 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 Community Services Director. 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.
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Section 7. Familiarity with Work to be Performed.
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, 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 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.
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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
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 maybe designated by written notice. These addresses shall be
used for delivery of service of process:
To City: Attn: Community Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: Eileen 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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
APPROVED AS TO FORM:
John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: OAV- .
Dave Adams, City Manager
EILEEN WHITE, RECORDING SECRETARY
By: LzLn�
Eileen White, Consultant
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Exhibit A - Scope of Work
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Contractor will receive and review informational agenda packets prior to meetings. Agenda
packets will either be mailed to Consultant or picked up personally by Consultant.
Consultant will attend meetings of the Parks, Recreation & Equestrian Commission,
scheduled for the third Monday of each month beginning at 6 p.m. Consultant will take
minutes of the meetings and prepare a draft of the minutes to be submitted to the Parks,
Recreation & Equestrian Commission Secretary or the department's Administrative
Assistant within a negotiated time frame, using personal computing equipment and
personal facilities. The draft minutes will be sent by email, accessible by either Word
Perfect for Windows or Microsoft Word.
On occasion, Consultant may be asked to attend and prepare minutes of additional
meetings scheduled by the Commission. Although Commission meetings are regularly
scheduled on the third Monday of the month, changes to this schedule do take place due
to holidays and/or the need for supplemental meetings. The Community Services
Department will advise the Consultant of changes to the Commission's meeting schedule.
Consultant's billing rate for regularly scheduled meetings shall apply to additional meetings
as well.
32400 PASEO ADEL NTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 F"
www.sanjuancapistrano.org
TRANSMITTAL
TO:
• ate„ •
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
L•LyY IA[OAIOAA1f0 THOMAS W. HRIBAR
ISTAAOtKID I 1961 MARK NIELSEN
17 JOE SOTO
• � • DR. LONORES USO
Eileen White, Recording Secretary
779 Calle Callarta
San Clemente. CA 92673
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Personal Services Agreement -- Parks, Recreation and Equestrian Commission minutes
An original, executed agreement is enclosed for your records. If you have questions regarding
the agreement, please contact Karen Crocker, Community Services Director at (949) 443-
6389.
CC: Karen Crocker, Community Services Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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