02-0626_NBS GOVERNMENT FINANCE GROUP_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thisX1 day of June, 2002, by and between the
City of San Juan Capistrano (hereinafter referred to as the "City") and
the NBS Government Finance Group (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to
perform a Feasibility Study and, upon City direction, form an Assessment District; 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 completed by no later than August 2003.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
$36,500, as set forth in Exhibit' A," attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit 'A" attached
and incorporated herein by reference. 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. Incidental costs for printing, mailing, postage and limited travel will be billed at cost to
Consultant. Submittals shall be in accordance with Cdnsultant's proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which 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.
SanJuanCap-psa 6-3-02.doc DATE: June 3, 2002
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 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 Subcontractina and Assianment.
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. Chanaes 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. Familiarity with Work.
By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be
performed; and (2) it understands the 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 6. 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.
SanJuanCap-psa 6-3-02.doc DATE: June 3, 2002
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 containing Consultant's findings, conclusions, and recommendations 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.
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. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing with the State
of California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and effect
Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and effect
Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the
following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period
SanJuanCap-psa 6-3-02.doc DATE: June 3, 2002
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this Agreement,
Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation
Employer's Liability Insurance in the statutory amount as required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the insurance
certificates, including the deductible or self -retention amount, and an additional insured endorsement to
the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that
the insurance requirements of this Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions
Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000).
Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the
City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days'
notice shall be given if there is a cancellation due to failure to pay a premium.
satisfied.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have been
14.6 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City has
issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance
requirements of this Agreement.
Section 15. 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 16. 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:
SanJuanCap-psa 6-3-02.doc DATE: June 3, 2002
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: NBS Government Finance Group
41661 Enterprise Cir No. Suite 225
Temecula CA 92590
Attn: Mike Rentner, President
Section 17. 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.
Section 18. 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 19. 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 0JFF SAN JJN CAPISTRANO
ATTEST:
ATTEST:
Margaret R. Monahan, City Clerk
AP V AS TO FORM:
John .Shaw, City Attorney
NBS GoOern"nt Finance Group
By:
President/and CEO
SanJuanCap-psa 6-3-02.doe DATE: June 3, 2002
S
NES Government
Finance Group
June 3, 2002
Ms. Mechelle Lawrence
Economic Development Manager
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Feasibility Study and Formation of Assessment District
Dear Mechelle:
Thank you for the opportunity to work with the City of San Juan Capistrano. As we discussed, this
letter will serve as an attachment for your standard contract for professional services. The services we
have discussed are shown below.
PHASE I
1. Meet with the City to understand the history and objectives of this effort
2. Gather parcel data for the entire City from the best available source (County or third party provider)
3. Categorize this data into logical groupings and sub -groupings of residential, commercial,
government and other
4. Propose various assessment rates and model pro forma outcomes based on the parcel groupings
and counts
5. Present the data to the City in a report that will be the basis for deciding the course of action
PHASE II
1. Develop appropriate final benefit apportionment methodologies and review with City
2. Produce a detailed Engineer's Report on the District
3. Present Engineer's Report and methodologies to City and public
4. Prepare and mail notice and ballots to 11,000 parcels
5. Attend hearing/Council session and tabulate ballots returned
FEES
PHASEI ............................................Not to exceed $10,000
PHASE II...........................................$14,500 flat fee, plus expenses estimated at $12,000
(primarily for printing and postage for the notice and ballot)
CURRENT HOURLY RATES
Title
Hourly Rate
Director
$ 135
Engineer
125
Senior Consultant/Programmer
110
Consultant
85
Analyst
65
Clerical/Support
45
41661 Enterprise Circle North, Suite 225, Temecula, CA 92590 909.296.1997 800.676.7516
Temecula San Francisco Exhibit A
The City will prepare the required Assessment Diagram, given your GIS system, and we will provide
the format and required language. We recommend that the City provide letterhead and envelopes for
the ballot process, but we can decide on this later.
We look forward to working with you on this project. If you have any questions, please call Greg
Ghironzi or I at (800) 676-7516.
Sincerely,
NBS Government Finance Group
e�zc;�L—
Tim Seufert
Director
NB
NBS Government
Finance Group –