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HomeMy WebLinkAboutGovInvest General Contract for ServicesLake Elsinore, CA ----------------------------------------------------------------------------------------------------------------- 1 GENERAL CONTRACT FOR SERVICES This Contract for Services ("Contract" is made effective as of February 10, 2025, by and between CITY ("CITY") of Lake Elsinore, and GovInvest Inc. ("GovInvest") of 8605 Santa Monica Blvd. PMB 52465, West Hollywood, CA 90069. 1. DESCRIPTION OF SERVICES: Beginning on February 10th, 2025, GovInvest will provide to CITY the following services (collectively, the "Services"): (1) GASB 75 Full Actuarial Valuation (1) GASB 75 Roll-Forward Actuarial Valuation (2) GASB 68 Accounting Valuations 2. PAYMENT: Payment shall be made to GovInvest of 8605 Santa Monica Blvd. PMB 52465, West Hollywood, CA 90069. CITY agrees to pay for the services as follows: GASB 75 Full Valuation Report Fee: $9,500 due upon engagement. GASB 75 Roll-Forward Actuarial Valuation Fee: $4,750 due upon engagement. GASB 68 Accounting Valuation Fee: $3,000 per report and due upon engagement. CITY shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if CITY fails to pay for the Services when due, GovInvest has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. 3. TERM: This Contract will remain in effect for a period of two years. 4. WORK PRODUCT OWNERSHIP: Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by GovInvest in connection with the Services will be the exclusive property of GovInvest. Upon request, CITY will execute all documents necessary to confirm or perfect the exclusive ownership of GovInvest to the Work Product. 5. WARRANTY: GovInvest shall provide its services and meet its obligations under this Contract in a workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in GovInvest community and region. 6. DEFAULT: The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. 7. REMEDIES: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract Docusign Envelope ID: 60AD3C16-E279-4017-B895-5019DD4F0D79 Lake Elsinore, CA ----------------------------------------------------------------------------------------------------------------- 2 (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the defaults). Unless waived in writing by the party providing notice, the failure to cure the defaults) within such time period shall result in the automatic termination of this Contract. 8. FORCE MAJEURE, If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents or affiliates. 9. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 10. SEVERABILITY: If any provision of this Contract is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 11. AMENDMENT: This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by both parties. 12. GOVERNING LAW: This Contract shall be construed in accordance with the laws of the State of California and adjudicated exclusively in the State of California. 13. NOTICE: Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 14. WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. Docusign Envelope ID: 60AD3C16-E279-4017-B895-5019DD4F0D79 Lake Elsinore, CA ----------------------------------------------------------------------------------------------------------------- 3 15. LIMITATION OF LIABILITY. GOVINVEST IS A PASSIVE CONDUIT THAT CONNECTS CITY WITH SUBCONTRACTERS WHO PERFORM THE SERVICES AND PROVIDE THE WORK PRODUCT HEREIN. ACCORDINGLY, UNDER NO CIRCUMSTANCES WILL GOVINVEST HAVE ANY LIABILITY FOR THE ACTIONS AND/OR INACTIONS OF SUCH PARTIES. THE SOLE WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF CHARGES PAID BY CITY FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT SHALL GOVINVEST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 16. CONSTRUCTION AND INTERPRETATION: The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort 17. ASSIGNMENT: Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date first above written. Service Recipient: By: Name: Lake Elsinore, CA Date: Service Provider: By: Name: Nick Martin GovInvest Inc. Date: Docusign Envelope ID: 60AD3C16-E279-4017-B895-5019DD4F0D79 4/8/2025 4/8/2025 Shannon Buckly Nick Martin 02/23/2023 PURCHASE ORDER 04/19/2023 ISSUED TO: Date: Vendor #:01868 GOVINVEST INC. 8605 SANTA MONICA BLVD. PMB 52465 WEST HOLLYWOOD, CA 90069-4109 SHIP TO:CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 FY23-00664PO Number: Requisition #:REQ2300803 130 South Main Street Lake Elsinore, CA 92530 PH: (951) 674-3124 FAX: (951) 471-0052 CITY OF LAKE ELSINORE UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT # 1 0 79257117-b2fc-4181-811c-afe900d7ba10 FY23 GASB 75 ROLL-FORWARD VALUATION FEE 79257117-b2fc-4181-811c-afe900d7ba10 100-1410-5201 4,750.000.00 79257117-b2fc-4181-811c-afe900d7ba1079257117-b2fc-4181-811c-afe900d7ba10 4,750.00TOTAL SUBTOTAL: 0.00 4,750.00 SHIPPING: Authorized by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original invoice with remittance slip must be sent to: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. Payment may be expected within 30 days of receipt of goods and invoice. C.O.D. shipment will not be accepted. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. All goods are to be shipped F.O.B. Destination unless otherwise stated. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. The City is exempt from all federal excise and state tax TOTAL TAX:0.00 PURCHASE ORDER 07/01/2023 ISSUED TO: Date: Vendor #:01868 GOVINVEST INC. 8605 SANTA MONICA BLVD. PMB 52465 WEST HOLLYWOOD, CA 90069-4109 SHIP TO:CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 FY24-00390PO Number: Requisition #:REQ2400454 130 South Main Street Lake Elsinore, CA 92530 PH: (951) 674-3124 FAX: (951) 471-0052 CITY OF LAKE ELSINORE UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT # 1 0 0adf80c9-15ac-4417-bebe-b09d0099fb4e FY23-24 GASB 68 ACCOUNTING VALUATION FEE 0adf80c9-15ac-4417-bebe-b09d0099fb4e 100-1410-5201 3,000.000.00 0adf80c9-15ac-4417-bebe-b09d0099fb4e0adf80c9-15ac-4417-bebe-b09d0099fb4e 3,000.00TOTAL SUBTOTAL: 0.00 3,000.00 SHIPPING: Authorized by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original invoice with remittance slip must be sent to: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. Payment may be expected within 30 days of receipt of goods and invoice. C.O.D. shipment will not be accepted. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. All goods are to be shipped F.O.B. Destination unless otherwise stated. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. The City is exempt from all federal excise and state tax TOTAL TAX:0.00 PURCHASE ORDER 07/01/2024 ISSUED TO: Date: Vendor #:01868 GOVINVEST INC. 8605 SANTA MONICA BLVD. PMB 52465 WEST HOLLYWOOD, CA 90069-4109 SHIP TO:CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 FY25-00375PO Number: Requisition #:REQ2500452 130 South Main Street Lake Elsinore, CA 92530 PH: (951) 674-3124 FAX: (951) 471-0052 CITY OF LAKE ELSINORE UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT # 1 0 0e0e46d0-5edc-4f6a-a50a-b1fb00804899 GASB 68 ACCOUNTING VALUATION FEE 0e0e46d0-5edc-4f6a-a50a-b1fb00804899 100-1410-5201 3,000.000.00 0e0e46d0-5edc-4f6a-a50a-b1fb008048990e0e46d0-5edc-4f6a-a50a-b1fb0080489920 13e9fb58-2964-4e58-9cac-b1fb00804899 GASB 75 FULL VALUATION FEE 13e9fb58-2964-4e58-9cac-b1fb00804899 100-1410-5201 9,500.000.00 13e9fb58-2964-4e58-9cac-b1fb0080489913e9fb58-2964-4e58-9cac-b1fb00804899 12,500.00TOTAL SUBTOTAL: 0.00 12,500.00 SHIPPING: Authorized by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original invoice with remittance slip must be sent to: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. Payment may be expected within 30 days of receipt of goods and invoice. C.O.D. shipment will not be accepted. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. All goods are to be shipped F.O.B. Destination unless otherwise stated. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. The City is exempt from all federal excise and state tax TOTAL TAX:0.00 PURCHASE ORDER 07/01/2025 ISSUED TO: Date: Vendor #:01868 GOVINVEST INC. 8605 SANTA MONICA BLVD. PMB 52465 WEST HOLLYWOOD, CA 90069-4109 SHIP TO:CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 FY26-00341PO Number: Requisition #:REQ2600404 130 South Main Street Lake Elsinore, CA 92530 PH: (951) 674-3124 FAX: (951) 471-0052 CITY OF LAKE ELSINORE UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT # 1 0 acce5e29-1766-4cfa-9ac9-b36100e34341 FY25-26 GASB 68 ACCOUNTING VALUATION FEE acce5e29-1766-4cfa-9ac9-b36100e34341 100-1410-5201 3,000.000.00 acce5e29-1766-4cfa-9ac9-b36100e34341acce5e29-1766-4cfa-9ac9-b36100e34341 3,000.00TOTAL SUBTOTAL: 0.00 3,000.00 SHIPPING: Authorized by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original invoice with remittance slip must be sent to: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. Payment may be expected within 30 days of receipt of goods and invoice. C.O.D. shipment will not be accepted. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. All goods are to be shipped F.O.B. Destination unless otherwise stated. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. The City is exempt from all federal excise and state tax TOTAL TAX:0.00 PURCHASE ORDER 07/01/2025 ISSUED TO: Date: Vendor #:01868 GOVINVEST INC. 8605 SANTA MONICA BLVD. PMB 52465 WEST HOLLYWOOD, CA 90069-4109 SHIP TO:CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 FY26-00390PO Number: Requisition #:REQ2600457 130 South Main Street Lake Elsinore, CA 92530 PH: (951) 674-3124 FAX: (951) 471-0052 CITY OF LAKE ELSINORE UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT # 1 0 83d92ec5-99d5-4223-ad0b-b3840086af23 FY25-26 GASB 75 ROLL-FORWARD VALUATION FEE 83d92ec5-99d5-4223-ad0b-b3840086af23 100-1410-5201 4,750.000.00 83d92ec5-99d5-4223-ad0b-b3840086af2383d92ec5-99d5-4223-ad0b-b3840086af23 4,750.00TOTAL SUBTOTAL: 0.00 4,750.00 SHIPPING: Authorized by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original invoice with remittance slip must be sent to: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. Payment may be expected within 30 days of receipt of goods and invoice. C.O.D. shipment will not be accepted. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. All goods are to be shipped F.O.B. Destination unless otherwise stated. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. The City is exempt from all federal excise and state tax TOTAL TAX:0.00 1/14/2026 8:23:56 AM Page 1 of 1 Vendor History Report City of Lake Elsinore, CA By Vendor Name Posting Date Range 01/01/2023 - 01/01/2026 Payment Date Range - Payable Number Post Date 1099 Payment Number Payment Date Shipping Tax NetDescriptionAmount PaymentDiscount Item Description Account NameAccount NumberUnitsPriceAmount Dist Amount Vendor Set: 01 - Vendor Set 01 01868 - GOVINVEST INC.0.00 0.00 28,000.0028,000.00 28,000.000.00 2023-4449 4/20/2023 APA23003841 4/20/2023 0.00 0.00 4,750.00FY23 GASB 75 ROLL-FORWARD VALUATION FEE 4,750.00 4,750.000.00 OTHER OUTSIDE SERVICES 4,750.00100-1410-5201FY23 GASB 75 ROLL-FORWARD VALUATION FEE0.00 0.00 4,750.00 2023-4854 10/26/2023 APA24001032 10/26/2023 0.00 0.00 3,000.00FY23-24 GASB 68 ACCOUNTING VALUATION FEE 3,000.00 3,000.000.00 OTHER OUTSIDE SERVICES 3,000.00100-1410-5201FY23-24 GASB 68 ACCOUNTING VALUATION FEE0.00 0.00 3,000.00 2023-4881 10/17/2024 7849 10/17/2024 0.00 0.00 12,500.00FY24-25 GASB 68 & 75 VALUATION FEE 12,500.00 12,500.000.00 OTHER OUTSIDE SERVICES 9,500.00100-1410-5201GASB 75 FULL VALUATION FEE 0.00 0.00 9,500.00 OTHER OUTSIDE SERVICES 3,000.00100-1410-5201GASB 68 ACCOUNTING VALUATION FEE0.00 0.00 3,000.00 2025-6274 10/30/2025 10358 10/30/2025 0.00 0.00 4,750.00FY25-26 GASB 75 ROLL-FORWARD VALUATION FEE 4,750.00 4,750.000.00 OTHER OUTSIDE SERVICES 4,750.00100-1410-5201FY25-26 GASB 75 ROLL-FORWARD VALUATION FEE0.00 0.00 4,750.00 2025-6454 9/25/2025 10043 9/25/2025 0.00 0.00 3,000.00FY25-26 GASB 68 ACCOUNTING VALUATION FEE 3,000.00 3,000.000.00 OTHER OUTSIDE SERVICES 3,000.00100-1410-5201FY25-26 GASB 68 ACCOUNTING VALUATION FEE0.00 0.00 3,000.00 Vendors: (1) Total 01 - Vendor Set 01:0.00 0.00 28,000.0028,000.00 28,000.000.00 Vendors: (1) Report Total:0.00 0.00 28,000.0028,000.00 28,000.000.00