06-0228_MOOTE GROUP, THE_Action ReminderCITY CLERK'S DEPARTMENT - ACTION REMINDER D REQUEST `E
FROM: Christy Swanson, Administrative Secretary DATE: March 15, 2007 1^
SITUATION:
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On February 28, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with The Moote Group to provide consultancy services regarding the City's
proposal to update the city's Capistrano Circulation Fee Program (CCFP).
ACTION REQUESTED:
Said Agreement states services shall be completed no later than June 30, 2006.
On July 18, 2006, agreement extended to December 31, 2006.
On January 8, 2007, agreement extended to March 31, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: GOfc�G�zc11T —
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: June 15, 2006 Dec. 15, 2006 March 15, 2007
Deadline Date: June 30, 2006 Dec. 31, 2006 March 31, 2007
cc: Nassar Abbaszadeh, Engineering and Building Director
(600.30/mootegrp)
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CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: . Sam Shoucair, Senior Engineer
FROM: Christy Swanson, Administrative Secretary DATE: December 15, 2006
SITUATION:
On February 28, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with The Moote Group to provide consultancy services regarding the City's
proposal to update the city's Capistrano Circulation Fee Program (CCFP).
ACTION REQUESTED:
Said Agreement states services shall be completed no later than June 30, 2006.
On July 18, 2006, agreement extended to December 31, 2006.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: �4kf/-n�. 4/- ill qr. i t 1 c ' 7
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: �.�7Qwc-�171.r1�
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: June 15, 2006 Dec. 15, 2006
Deadline Date: June 30, 2006 Dec. 31, 2006
cc: Nassar Abbaszadeh, Engineering and Building Director
(600.30/mootegrp)
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CITY CLERK'S DEPARTMENT - ACTION REMINDECONDUEST
TO: Sam Shoucair, Senior Engineer
FROM: Christy Swanson, Administrative Secretary DATE: June 15, 2006
SITUATION:
On February 28, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with The Moote Group to provide consultancy services regarding the City's
proposal to update the city's Capistrano Circulation Fee Program (CCFP).
ACTION REQUESTED:
Said Agreement states services shall be completed no later than June 30, 2006.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: :57�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: T4
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: June 15, 2006
Deadline Date: June 30, 2006
cc: Nassar Abbaszadeh, Engineering and Building Director
(600.30/mootegrp)
0
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PERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this 11f day of Ftl� y
2006, by, and between the City of San Juan Capistrano (hereinafter referredTto as the
"City") and The Moote Group (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to Update the City's Capistrano Circulation Fee Program (CCFP); 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 to
update the existing CCFP budget.
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 June 30, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Twenty Thousand Dollars ($20.000).
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in "Fee
Schedule, January 1, 2006," 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
and incidental costs to perform the stipulated services. Submittals shall be in accordance
with Consultant'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.
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 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.
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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. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) 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 and architectural drawings 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.
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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:
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$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
14.3 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 using
ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's
General Counsel 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=s General Counsel 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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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.
ATTEST:
AS TO FORM:
Clerk
JohnA. Shaw, City Attorney
SD
CITY OF SAN JUAN CAPISTRANO
By: wn�
Dave Adams, City Manager
CONSULTANT
By: L
Marjorie . Knittr, President
The Moote Group
7
32400 PASEO AOEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
March 7, 2006
The Moote Group
1528 E. Warner Ave, Ste 57
Santa Ana, CA 92705-5445
Attention: Marjorie Knitter
Dear Ms. Knitter:
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to updating the City's
Capistrano Circulation Fee Program (CCFP) is enclosed for your records.
Thank you -for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Sam Shoucair, Senior Engineer (949) 443-6355.
Thank you,
,CMC
Clerk
Sam Shoucair, Senior Engineer
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
5 printed on recvdad Paper
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 FAX
www.sanjuancapistrano.org
March 6, 2006
The Moote Group
1528 E. Warner Ave, Ste 57
Santa Ana, CA 92705-5445
Attention: Marjorie Knitter
Dear Ms. Knitter:
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InAeoee
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1776
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWEROUN
A Personal Services Agreement related to updating the City's Capistrano Circulation
Fee Program (CCFP) is in the process of being executed. It will be issued upon receipt
of required documentation related to contract terms under Section 14. Insurance. In
particular, we have not received the following document:
o A separate additional insured endorsement to your general liability and
umbrella liability policies — specifically naming the City of San Juan
Capistrano as ADDITIONAL INSURED.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, Sam
Shoucair, Senior Engineer (949) 443-6355. Please call Maria Guevara, Acting Deputy
City Clerk (949) 443-6309 if you have questions regarding the forms of insurance
needed.
Thank you,
cc: Sam Shoucair, Senior Engineer
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
CJ Printed on recycled paper
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MEMORANDUM March 3, 2006
TO: Meg Monahan, City Clerk
FROM: Sam Shoucair, Senior Engineer 14�
SUBJECT: Engineering Services Agreement, the Moote Group
Please find attached two original agreements, signed by the consultant, for the City
Manager signature, City attorney's signature for approval as to form, and for your attest.
The consultant has also submitted the attached Certificate of Liability.
Attachments