00-0107_HYLTON, GINA M._Personal Services Agreement• • O�-tv cry
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 'f -fi' day of
--LI aftmani , 2000, by and between the City of San Juan Capistrano
(hereinafter referred to as the "City") and Gina M. Hylton (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 cancelled by either party in
accordance with Section 9.
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 $20.00. Billable hours
are identified as those required for meeting attendance and transcription of minutes. All
costs for Consultant's ordinary office, transportation, reproduction and overhead expenses
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incurred by it, its agents and employees, including meetings with the City representatives
and incidental costs to perform the stipulated services are not billable under this
Agreement. Submittals shall be in accordance with the Scope of Work (Exhibit A).
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 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 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 contract 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.
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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 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.
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 done pursuant to the hourly rate indicated in Section 3.2 of this Agreement.
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: Community Services Director
To Consultant: Gina M. Hylton
21 Cape Victoria
Aliso Viejo, CA 92656
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST: //
(2
" "02A,
Cheryl Joh on, City Clerk
APPROVED AS TO FORM:
C�John Rr Shaw, City Attorney
Exhibits: Exhibit A, Scope of Work.
Ms
CITY OF SAN JUAN CAPISTRANO
CONSULT,
y;W"� �v
ina M. Hylton
, City Manager
Exhibit A - Scope of Work
Contractor will receive and review informational packets prior to meetings. Informational
packets will either be mailed to Contractor, or picked up personally by Contractor.
Contractor will attend meetings of the Parks, Recreation & Equestrian Commission
scheduled for the third Monday of each month beginning at 6:00 p.m. Contractor will take
minutes of the meetings, prepare a draft of minutes to be submitted to the Community
Services Director or the department's Administrative Assistant within negotiated time
frame, using personal computing equipment and personal facilities. The Community
Services Director or Administrative Assistant will be provided with a hard copy of the draft
minutes, prepared using the 12 -point Arial font, and a disk copy accessible by WordPerfect
6.1 for Windows.
On occasion, Contractor may be asked to attend and prepare minutes of additional
meetings scheduled by the Commission.
J
32400 PASEO ADELANTO
-SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
January 18, 2000
Ms. Gina Hylton
21 Cape Victoria
Aliso Viejo, California 92656
Re: Agreement for Personal Services
Dear Ms. Hylton:
MEMBERS OF THE CIN COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WVATT HART
GIL JONES
DAVID M. SWERDLIN
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 Parks, Recreation
and Equestrian Commission.
Thank you for your assistance. Please feel free to contact us if you need any
further information.
Very truly yours,
�C
Cheryl JoL o
City Clerk
Enclosure s�7 F�
cc: Engineering and Building Director (with copy of agreement)
Administrative Services (with copy of agreement and purchase order)
San Juan Capistrano: Preserving the Past to Enhance the Future