16-1115_NBS GOVERNMENT FINANCE GROUP_Personal Services Agreement Third AmdTHIRD AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS AMENDMËNT to the Personal Services Agreement between the City of
San Juan Capistrano ('Gity") and NBS Government Finance Group, dba NBS
("Consultant") is made and entered into, to be effective the 1Sth day of November,2016,
as follows:
RECITALS
WHEREAS, the City has retained the services of Consultant to develop a Cost
Allocation Plan and conduct a City-wide User Fee and Rate Study pursuant to that
Agreement dated as of October 2,2012; and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Çonsultant agree to amend the Agreement between City
and Consultant as follows:
Section I - Sçopg of Work
The scope of work to be performed by the Consultant shall be amended to
include an update of the Cost Allocation Plan and City-wide User Fee and Rate Study to
reflect budgeted data for the fiscal year ended June 30, 2017 with respect to the
number of fulltime equivalents and increases in the cost of expenses. After receiving
feedback from departments as to fee adjustments and fees to be added to the study,
Consultant will provide one additional iterative review for each of the departments. lf
needed, up to one department can make more substantive changes with respect to time
estimates and staffing allocations. An additional iterative review will be provided for the
final report with respect to changes in the narrative section of the report. Consultant will
provide two community stakeholder or public meetings. The Consultant will also provide
fee information for five other cities for comparison with the fees developed as a result of
this study.
Section 2 - Term
This Agreement is extended and shall terminate no later than December 31,
2017
Section 3 - Compgnsqtion
3.1 Amount.
Total compensation for the services for the Cost Allocation Plan and City-Wide
User Fee and Rate Study hereunder shall not exceed $63,840.
Section 14.5 - Errors ?qd Omissions Coveraqe
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City in the amount of $2 million per occurrence and in the aggregate. This insurance
shall be endorsed to include contractual liability applicable to this Agreement and shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Consultant. "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy must
"pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
(STGNATURE PAGE FOLLOWS)
lN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
ity Manager
CONSULTANT
By:
Michael Rentner, President & CEO
ATTE
By:
City
APPROVED AS TO
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