15-0827_PROJECT PARTNERS, INC_Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this Qday of
August, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and Project Partners, (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, the City currently desires to retain the services of the Consultant
regarding the City's proposal for professional, temporary staffing services; 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 professional
staffing services, including but not limited to accounting, financial, administrative, general
clerical, engineering, technical, professional and management services. Temporary
assignments may include, but are not limited to, interim department directors, water operators,
accountants, receptionists and office assistants, engineers, customer service representatives,
cashiers, construction inspectors, maintenance workers, code enforcement officers, planners,
administrative assistants and financial/management analysts.
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 1, 2016, subject to
Section 15 (Termination).
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $25,000 at an hourly
rate mutually agreed to by the Consultant and the City. The amount stipulated above is not
a guarantee by the City to Consultant that said amount will be received by the Consultant.
3.2 Rate Schedule
The services shall be invoiced to the City up to the stipulated amount agreed to at the
hourly rate set forth in Exhibit "A", attached and incorporated herein by reference, or as agreed
in writing. Included in the compensation are the entire Consultant's office and overhead
expenses incurred by it, its agents and employees, including meetings with City
representatives, travel to and from the City and incidental costs to perform Consultant's
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services.
3.3 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on total services
which have been satisfactorily completed.
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 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 Subcontractina 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
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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 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 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,
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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 sole 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.
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.
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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
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.
Either party 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 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.
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Any respective obligations of Consultant or City hereunder which by their nature would
continue beyond the termination, cancellation or expiration of this Agreement shall survive
such termination, cancellation or expiration.
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:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Thom Coughran, Interim Public Works & Utilities Director
To Consultant: Project Partners
23195 La Cadena Drive
Suite 101
Laguna Hills, CA 92853
Attn: Kimo Look, Principal
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. Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue shall be in
Orange County.
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.
Section 20. Counterparts and Facsimile Signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
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By:
Kefth Till, Interim City Manager
PROJECT PARTNERS, (CONSULTANT)
By:
Kimo Look, Principal
ATTEST:
aria Morris,Zi k
APPROVED AS TO FORM:
<Qa�z /-S-7
Jeff gallinger, City maor ey
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Keith Till, Interim City Manager
PROJECT PARTNERS, (CONSULTANT)
By: C'
Kim oo "Ircill
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Jeff Ballinger, City Attorney
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Exhibit A
"Partners in Building Engineering Careers and Teams"
www.p rojectpa rtners.com
Project
Partners
August 24, 2015
Ms. Noreen Swiontek
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: Water Conservation Support Services
Dear Ms. Swiontek,
Project Partners is pleased to submit this proposal to assist the City of San Juan Capistrano
(City)with Water Conservation Support Services. Project Partners is a civil engineering firm
that provides staff resources to public sector agencies to help departments' complete projects
and meet its goals.
PROJECT UNDERSTANDING
Project Partners understands that the City of San Juan Capistrano's Utilities Department is
required to meet State mandated water conservation efforts and reduce water use within its
service area. The Utilities Department, which oversees water production and distribution, has
a water conservation program that could use assistance in Implementing and tracking its
various water conservation programs.
Project Partners is proposing to provide an experienced Water Conservation Technician to
provide that needed support so the City's Utilities Department can meet is conservation and
reporting goals. Below is our proposed scope of work and work-plan for services for the City.
Scope of Work
The following is the proposed scope of work that will be performed.
1. Conducts audits of customer homes and gardens; analyzes water usage; checks
leaks and waste to identify water issues; prepares and presents water audit results;
recommends modifications as appropriate.
2. Assist in the evaluation of water usage for landscape, commercial, industrial and
agricultural customers; recommends solutions to problems identified.
3. Help promote and coordinate specific activities related to water conservation.
4. Assist with the development of educational and motivational material for water
conservation efforts including press releases and newsletters.
5. Assist with record maintenance and development of reports concerning new or
ongoing programs a n d program effectiveness related to water conservation.
23195 La C era Dr.
Suite 1o1 phone 849.652.9300
Latium Hills,CA 92653 1 1 rex 949.652.9322
Project Partners Proposal
City of San Juan Capistrano—Water Conservation
Page 2 of 4
6. Assist with the development of survey instruments; conducts surveys related to
water usage and implements program changes in response to results.
7. Monitor water conservation program compliance with laws, rules, and regulations.
8. Order and maintain inventory of brochures, pamphlets, and other related water
conservation materials.
9. Performs related duties and responsibilities as required.
Identified Proiects
The specific projects that will be undertaken and completed in this workplan will be identified in
upcoming phases. Through close collaboration with the City, a distinct set of projects will be
selected. This list can be amended as changing department priorities emerge through the
duration of the contract.
Project Duration
The anticipated duration to complete the projects outlined in this workplan is 5 to 6 months.This
is based on our understanding of the Client's needs, and the multitude and complexity of the
tasks identified in the Scope of Work, and the anticipated number of projects.
Allocated Staff Resource
Project Partners is pleased to dedicate the services of Mr. George Flores our Water
Conservation Technician. Mr. Flores worked at Moultan Niguel Water District as a Water
Conservation Customer Service Representative. He has completed multiple water related
courses at Rancho Santiago College including Water Conservation Practitioner. He has a T1
and D2 water operator certifications and equally important, over 10 years of proven Customer
Services experience Hourly Rate$38.00
Project Coordination, Logistics and Operations
Staff Location
To increase efficiency and expedite completion of the project, Project Partners staff will
station our assigned staff at the Client's facilities. Working on-site at Client offices offers
many advantages that increase efficiency and reduce overall cost to the client. These
advantages include easy access to necessary project files, documents, and other data,
which results in increased project productivity. Additionally, the on-site location
facilitates coordination with Client staff; allows quicker and more informed decision-
making, as well as faster completion of projects. The result is increased efficiency and
lower overall project cost. An additional important benefit offered by on-site location of
our staff is key project decisions are better understood by the client and is added to the
overall retention of project based knowledge(institutional knowledge).
Project Partners Proposal
City of San Juan Capistrano—Water Conservation
Page 3 of 4
Project Coordination
Staff Schedule- Project Partners staff will be assigned to work at the Client's facilities
from 8:00 am to 5:00 pm, 5 days(40 hours)per week. Project Partners will adjust staffs
schedule, as-needed, to facilitate our ability to meet the Client's goals.
Project Updates and Meetings-Project Partners staff will provide our client with
update meetings at a minimum of every two weeks. In the update meetings, our staff
will review the status of the ongoing projects, highlight identified issues or concerns the
client should be aware of and a look ahead to projected accomplishments in the
coming two weeks. Project Partners staff will not be required to attend regular
Department staff meetings, but will attend as-needed to relay project status thus
allowing better project coordination with any other projects undertaken by the Client.
Tools, Equipment & Materials
Vehicles -Should there be a need for Project Partners staff to conduct field work, our
staff will utilize their own vehicles. Project Partners will invoice the City at the IRS
approved mileage rate for all approved miles driven related to the project.
Phone- To facilitate communication with our client, Project Partners' staff member(s)
will have individual cell phone(s). This phone will be the primary phone for our staff.
The client may be requested to provide our staff with a land based phone should wireless
reception at city location be spotty or where it is deemed that a land line would increase
the effectiveness and efficiency our staff to complete scope of work.
Computers- Project Partners is requesting that the client provide a computer linked to
the client's network for our staffs use as access to various project technical, financial,
and other project related information that are required to complete the task. This
arrangement is requested as it has been our understanding that the Client's IT
department's policies restrict non-client owned computers from having direct connection
into the computer network for security reasons.
Supplies -Project Partners provides its remote staff with the necessary general office
related supplies at the start of our engagement.
Project Partners Support
Training-Project Partners assigned staff are professionals. They have been
assigned to this workplan due to the skills, knowledge and abilities they possess.
Should extra technical training be required Project Partners will provide that training.
Administrative Support-Project Partners will provide our staff with necessary
administrative and clerical support as needed.
Supervision -Project Partners' staff are assigned as technical and administrative
supervisors. These supervisors are in regular contact with our staff to assist them in
completing the workplan. Where applicable, Project Partners may assign an On-Site
Manager to provide further supervision of staff assigned to client projects. Assigned
supervisors are as follows:
Project Partners Proposal
City of San Juan Capistrano—Water Conservation
Page 4 of 4
Administrative Supervisor: Technical Supervisor:
Ms. Atousa Johnson Mr. Kimo Look, P.E.
Operations Manager Principal Engineer
949-852-9300 ext. 101 949-852-9300 ext. 103
Thanks you for considering Project Partners. Should you have any questions or need further
assistance, please do not hesitate to contact me at any time.
Sincerely,
Kimo Look, P.E.
Project Partners
SCHEDULE OF HOURLY RATES
PROJECT PARTNERS, INC
CLASSIFICATION HOURLY BILLING RATE
Water Conservation Technician $38.00
Engineering $52.50 - $87.50
Project Management $81.75—$114.00
Specialist $126.00 - $156.00
Inspectors $46.25 - $107.50
Engineering Tech/CAD/GIS $46.25 - $81.75
Other classifications may be available at rates mutually agreed upon in writing.
Hourly rates are adjusted annually based on the California Consumer Price Index (CPI).
Approved expenses are billed with no mark up and approved vehicle mileage is billed at
the IRS allowable rate with no mark up.
Vkal,Znersct
PeSummary of Qualifications
Pru mor. m Huilrnng Enginnnnng Careers and Teams
George Flores
Project Level
Water Conservation Technician
Qualifications
• 10+ Years of Experience In Customer Service
• Water Distribution Certification D1 and D2
• Completed Water Conservation Practitioner course at Santiago College
• Strong Computer Skills Including Word, Excel, &Microsoft Office
• Strong Communication Skills(Written And Oral)
• Good Team Player
Relevant Experience
Moulton Niguel Water District(Jul 2015-Aug 2015)
Temporary Water Conservation Representative I
• Assisted customers with concems or complaints regarding water usage via telephone and in
person
• Promoted MWDOC Turf Renovation program, informing and encouraging customers to
participate
• Managed newly processed work orders via Microsoft Outlook
• Compiled and scheduled prelpost inspection of MWDOC Turf Renovation program for
customers
• Processed customer bill variance reports in accordance to increased water allocation
• Utilized Oracle JD Edwards to access and maintain customer account information
• Performed virtual measurements of irrigated land area utilizing Geoviewer
• Perforred on site measurement of irrigated land area
• Compiled and organized important customer documents
Project Partners
George Flores
Summary of Qualifications
Page 2
Trader Joes, Laguna Hills, CA
Manager, June 2009—Present
• Promoted to manage one of South Orange County's top-two grossing stores,overseeing
inventory,pricing,and quality of the product
• Assign responsibilities to and supervise the work of a 25-person crew, receiving top reviews
from senior superiors for management capabilities
• Assist in hiring and training new staff and continually train and develop current staff to
increase store efficiency and staff engagement;Assisted in providing the alcohol age
verification program, resulting in store being the only one in entire chain to achieve 100%
success rate in verifying age
• Train staff on CAL OSHA and Safety First standards and ensure staff compliance, resulting
in less than one injury per quarter and the store leading the region in fewest injuries in 2012
• Part of team that increased sales by 15%from previous year by training on proper ordering
and dynamic customer service and designing creative visual displays to promote sales
• Develop and maintain excellent relationships with outside vendors and regional staff to have
the capacity to resolve issues before they become escalated
• Ensure all ordered product is received,maintaining a 99.3%accuracy rate
• Draft monthly safety summaries that are submitted to regional staff
Trader Joes, Laguna Hills, CA
Crew Member, August 2005—June 2009
• Invited after just two years to participate Ina management training course based on well-
rounded knowledge of store,excellent customer service,and demonstrated initiative
Henry's Fanners Market, Mission Viejo, CA
Assistant Manager, September 2005—Manch 2008
• Promoted to assist in leading departments that constituted 40%of store sales
• Entrusted to make final hiring decisions;All hires are still with company
• Trained new staff and existing staff,Two such staff have been promoted to management
• Maintained balanced Inventory through ordering properly, promoting sales,and reducing loss
• Developed positive customer relations by providing consistent on-fioor assistance
Education
Santiago Canyon College, Orange, California
Water Utilities Science Coursework, 2014 to Present
University of Phoenix, Costa Mesa, CA
Business Management Coursework, 2013 to Present
Project Partners
George Flores
Summary of Qualifications
Page 3
Professional Certifications
Water Distribution certification D1 (D2 anticipated in spring 2015)
CWEA Grade 1 certification supplemented by a course in Collection Systems in process
Skills
Completed the following Water Utilities Science courses with A Grade:
• Water Conservation Practitioner.
• Pumps and Pumping,
• Water Mathematics and Hydraulics,
• California Water Resources,