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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