01-0601_CARLIN, JENNIFER_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _ day of d) 0—C �) I ,
2001, by and between the City of San Juan Capistrano (hereinafter referred to as the "City" and
Jennifer Carlin (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to take and prepare minutes of Transportation 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 task 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
10.
Section 3. Compensation
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed -One
Thousand Dollars 0.000) yearly.
3.2 Rate Schedule
The services shall be billed to the City at the hourly rate of S20.00. Included
within the compensation are all the Consultant's ordinary office, transportation, reproduction and
overhead expenses incurred by it, its agents and employees, including meetings with the City
representatives and incidental costs to perform the stipulated services.
3.3 Method of Payment.
Consultant shall submit invoices with the draft minutes following each meeting,
indicating the amount of time required to attend the meeting and prepare the minutes. The City
will make payments based on approved invoices in accordance with this Section.
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 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 contact 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. 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 8. 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
extend permitted by law, and Consultant agrees that they shall not be made available to any
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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 9. Termination.
City and Consultant shall have the right to terminate this Agreement, without cause,
immediately. If the City terminates this Agreement a pro -rata payment shall be made for work
down pursuant to the hourly fee schedule appended thereto.
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: Traffic Engineer
To Consultant: Jennifer Carlin
164 Greenmoor
Irvine, CA 92614
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Section 11. 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:
��.P"'�
M rgaret R. Monah
APPROVED AS TO FORM:
John R. Shaw, City ttomey
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Exhibit A - Scope of Work
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Contractor will receive and review informational packets prior to meetings. Information packets
will either be mailed to Contractor, or picked up personally by Contractor. Contractor will attend
meetings of the Transportation Commission, scheduled for the second Wednesday of each month
beginning at 7:00 p.m.. Contractor will take minutes of the meetings, prepare a draft of minutes
to be submitted to the Traffic Engineer within negotiated time frame, using personal computing
equipment and personal facilities. Traffic Engineer will be provided with a hard copy of the draft
minutes and a disk copy, accessible by WordPerfect 6.1 for Windows.
On occasion, Contractor may be asked to attend special meetings or to prepare a meeting
transcript.
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