12-0717_NEW TURTLE ISLAND_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 17th clay of July, 2012, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and New
Turtle Island (hereinafter referred to as "Consultant")
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to continue grant administration of the State of California 2011 HOME Grants
Owner Occupied Rehabilitation Program as described in the scope of work; 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 the Consultant shall consist of those tasks
as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent
that there are any conflicts between the provisions described in Exhibit "A" and those
provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and
all services required hereunder shall be completed, no later than March 31, 2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed One Hundred Thirty -Five Thousand Dollars ($135,000.00).
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
City will pay monthly progress payments based on approved invoices in accordance
with this Section.
3.3 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 the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of the City, and shall obtain no rights to any benefits which
accrue to Agency'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 the 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 the 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware
of all conditions there; and (3) it understands the facilities, difficulties and restrictions of
the work to be performed 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 the City of this and shall not proceed
with further work under this Agreement until written instructions are received from the
City.
Section B. 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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise
approved by the City in writing.
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.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with
the negligence, recklessness and/or intentional wrongful conduct of Consultant,
Consultant's agents, officers, employees, subcontractors, or independent contractors
hired by Consultant in the performance of the Agreement. The only exception to
Consultant's responsibility to protect, defend, and hold harmless the City, is due to the
negligence, recklessness and/or wrongful conduct of the City, or any of its elective or
appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the
duration of the agreement, and provide proof thereof that is acceptable to the City, the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the City. Consultant shall not allow any subcontractor to commence work on
any subcontract until all insurance required of the Consultant has also been obtained for
the subcontractor. Insurance required herein shall be provided by 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 an amount not less than
one million dollars per occurrence ($1,000,000.00), combined single limit coverage for
risks associated with the work contemplated by this agreement. If a Commercial
General Liability Insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
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 an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' 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 naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or
borrowed by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
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.
14.8 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 shall have the right to terminate this Agreement without cause by giving
thirty (30) days" advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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.
Ail 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: Development Services- Housing
To Consultant: New Turtle Island
951 West Princeton St
Ontario, CA 92762
Attn: Patrick Pial#
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.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORrM:
1
Omar San oval, City Attorney
CITY OF S
JUAN CAPIS7NO
By: f
Larry Kramer, Mayor
CONSULTANT
MR
Patrack iatt, Owner
New T tle Islabd
A
*SCOPE
O: SERVICES
The following services are included in this proposal as per the Request for Proposal.
Application Intake/Waiting List
Receive Pre -Screening Application
Review For Likeliness Of Approval
Log Into Waiting List Spreadsheet
Pull Property Summary
Send Notification Letter Confirming Or Denying Placement On Waiting List
Application Processing
Request And Intake Application And All Required Documents
v Review All Documents For Approval
Review Income Documents For Qualification
Perform Property Profile And Evaluation To Determine Maximum Loan
Amount
■ Review Terms Of Existing Liens (interest Only, Balloon Payments, Arm)
Request Any Additional Or Missing Documents For Verification
Request Credit Report (if applicable)
Request Third Party Verifications
Re -Review And Address Any Discrepancies With Applicant
Request Title Report
Request Statements Of Explanation For Discrepancies
Send Preliminarily Approved Letter
lnspection[Work Write -Up
Perform Initial Inspection To Determine Code Violations And Health And Safety
Concerns And Compare To Homeowner Wish List
Write Scope Of Work And In -House Estimate
Request Lead Based Paint Inspection, Mold Report, Asbestos Report As
Necessary
Perform Environmental Review/SHPO (If Part Of The Requested Scope Of
Services)
Y Provide To File
Inspection Checklist
Scope Or Work
r Cost Estimate
Environmental Review/SHPO
All Reports (I.E. Lead, Asbestos, Mold)
Before And After Pictures
2011 HOME Grant 6 NEW TURTLE ISLAND
OU.R Program RFP
City of San Juan C;apistrana
Bid Process
When Applicable, Hold A Preconstruction Conference With Potential Bidders Tc
Inform And Explain Procedures Regarding Davis Bacon (Prevailing Wage)
Projects And To Explain/Educate Contractor On The City's Section 3 Compliance
Program
Hold Job Walk For Projects At Site To Deliver Bid Packet To Potential Bidders
And To Hold A Discussion About The Project.
Receive And Review Bids
Provide Spreadsheet Comparison Of Estimates
Review With Homeowner (Or Business Owner) For Contractor Selection
Revise Work Write -Up As Necessary For Inclusions Or Deletions Of Items During
Bid Process
➢ Prepare Contracts And Held Pre -Construction Meeting With Owner And
Contractor At Property (At Time Of Loan Document Signing)
Loan Documents
> Obtain Any Approvals Necessary From The City Of San Juan Capistrano Staff
Prepare All Documents Already In Place By The City Of San Juan Capistrano
For Signing And Execute All Documents (if Documents Are Not Already In Place
New Turtle Island Can Provide All Necessary Agreements, Contracts, Deeds,
Notes, Etc,)
> Notarize Documents
Construction Monitoring
Request Lead Clearance Reports When Necessary
Y Inspect And Approve Payments
Davis Bacon Monitoring (Where Applicable)
v Section 3 Compliance
Maintain Progress Payment Tracking Log
Y Conflict Resolution
Project Completion
Record Notice Of Completion
y Provide Project Completion Report To Close And Reconcile Accounts
Provide Completed File To The City
Each File Will Be Returned Accompanied With
■ Notes And Explanations Of File Progress
■ A Compact Disk Of All Pictures Taken Throughout The Project
(Before, During; And After)
2011 HOME Grant 7 NEW TURTLF ISLAND
00R Program RFP
C'ify of San Juan Capistrano
Ongoing Program Functions
Market program as necessary to meet program performance measures and
reach all demographics within the City of San Juan Capistrano
Hold Annual Meetings With Contractors To Review And Educate On The City Of
San Juan Capistrano Policies And Procedures For The Program Including:
o Section 3
c Lead And Asbestos Hazards
o Standard Specifications
➢ Provide Information To City Of San Juan Capistrano Staff For Reporting
Purposes
Communicate With City Of San Juan Capistrano Staff On A Regular Basis For
Project Progress And Any Concerns
r Update Program Guidelines With Staff Approval For Any And All Updates To
Program Funding Changes
>- Attend HUD available trainings to ensure staff and the City of San Juan
Capistrano remain current with HUD guidelines, procedures, and any changes
that may occur
Ongoing Program Maintenance
Maintain Waiting Twist
➢ Maintain Contractor Bid List
Verify Contractor Information Bi -Annually And Maintain Contractor Information
In Database
Maintain Activity Logs For Each Project
Provide Quarterly Reports
Provide Annual Reports
All Files Will Be Maintained In Detail In A Database
Status Reports Will Be Provided To The City Of San Juan Capistrano On A
Weekly Basis
Grant Writing
New Turtle Island associates has written grants for the City of Ontario, City of
Pomona, City of San Bernardino.
New Turtle Island takes an efficient approach to all aspects of Administration and
Construction Management. We have developed methods to ensure economy is
assured while quality is never sacrificed.
2011 HOME Grant 8 NEW TURTLE ISLAND
OOR Prograin RFP
City of Sari Juan Capistrano
*CONTRACT MANAGEMENT AND FEES
Per the Request for Proposal for Administration of the City of San Juan Capistrano
Owner -Occupied Housing Rehabilitation Program, the following two methods of fee
structure are being proposed, Hourly Basis and Per Project Basis. New Turtle Island
prefers a fee structure based on a per project basis. Using this method costs are more
easily controlled providing greater benefit to New Turtle Island clients.
Hourly Basis
Genevieve Herzog $ 60
Mike Cravens $ 55
Steven Busby $ 60
Pat Piatt $ 60
Per Pct Basis
Ongoing Program Maintenance $ 200
Application Intake/Waiting List $ 75
Application Processing $ 300
InspectionAtVork Write -Up L 500
Total Phase 1 $1,075
Bid Processing
$ 525
Loan Documents
$ 200
Construction Monitoring
$ 800
Project Completion
20{3
Tata! Phase 2
$ 1,725
Per Project Total $ 2,800
All items listed in the "Scope of Services" are included in the pricing schedules above.
Additional services will be provided upon request from City of Jan Juan Capistrano at
the rates listed per staff member above.
While the request and coordination of Title Reports, lead/asbestos testing and
abatement, marketing materials, and postage will be the responsibility of New Turtle
Island, payments for these services are not included in this proposal. If it is the desire
of the City to have these costs paid for by New Turtle Island, additional reimbursement
fees will be provided upon request.
New Turtle Island will present a monthly invoice for all services completed during the
previous month unless the City of San Juan Capistrano prefers an alternative billing
cycle. Invoices will be submitted for services rendered as each phase is completed and
will include which phase of each project has been completed accounted for by property
address,
2011 HOME Gzant 9 NE W 'TURTLE ISLAND
OOR Program RFI'
City of San Juan Capistrano