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00-0111_HYLTON , GINA M._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I I t1 day of ('600q by and betwFyn the City of San Juan Capistrano (hereinafter referred to as the '(City" and 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. Scone 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 ($1.000) yearly. 3.2 Rate Schedule The services shall be billed to the City at the hourly rate of $20.00. 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 Page 2 Ll 171 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 Adclanto San Juan Capistrano, CA 92675 Attn: Traffic Engineer To Consultant: Gina M. Hylton 21 Cape Victoria Aliso Viejo, CA 92656 Page 3 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. City of San Juan apistrano B CONSULTANT B ATTEST: L �n� Cheryl JohnsQW Ci Clerk APPROVED AS TO FORM: —Q q�—� — John R. 1114, City Attorney Page 4 Exhibit A - Scope of Work 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. Page 5 • MEMORANDUM TO: Cheryl Johnson, City Clerk FROM: Jill Thomas, Administrative Secretary DATE: January 13, 2000 SUBJECT: PERSONAL SERVICES AGREEMENT - GINA HYLTON Enclosed please find two (2) originals of a Personal Services Agreement for the new recording secretary for the Transportation Commission, Gina Hylton. This agreement will replace the existing agreement with Bonnie Sanchez. If you have any questions, please call. JT Enclosures (2) cc: A. Oswald Ll 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) January 14, 2000 4 ✓�'y/ � IOf0Al011R1 [SlAllltlfl 1961 •�1776�� 1fON"' Ms. Gina Hylton 21 Cape Victoria Aliso Viejo, California 92656 Re: Agreement for Personal Services Dear Ms. Hylton: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH Enclosed for your records is a fully -executed copy of the Personal Services Agreement to provide recording secretary services for the Transportation Commission. Thank you for your assistance. Please feel free to contact us if you need any further information. Very truly yours, Che I Jo�� ry City Clerk Enclosure cc: Engineering and Building Director (with copy of agreement) Administrative Services (with copy of agreement) San Juan Capistrano: Preserving the Past to Enhance the Future