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1996-0221_TOM WEBB & ASSOCIATES_AgreementAGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made this 21 day of February, 1996, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Tom Webb and Associates, hereinafter referred to as "Consultant." WITNESSETH: This Agreement is made by and between City and Consultant for the consideration hereafter named, as follows: SECTION 1. SCOPE OF WORK. Subject to the terms of this Agreement, Consultant shall perform the following described work: Render services as parking program administrator for the overnight parking program serving Capistrano Villas II and III, in accordance with the revised program rules adopted February 20, 1996. (Copy Attached) Services to be provided include service as liaison with homeowners and tenants for parking program administration, establishment and maintenance of a computerized data base of unit owner and permit information, assistance in the ongoing program administration, administration of monthly Board of Appeal meetings, provision of bilingual billing statements to individual obtaining permits, and collection and deposit of receivables on behalf of the program. These services are further outlined in Exhibit A, Consultant's proposal of services. SECTION 2. TIME OF BEGINNING AND COMPLETION OF SERVICES. The services provided for under this Agreement shall begin upon execution of this Agreement by all parties. The services provided under this Agreement shall be completed on or before February 28, 1997. SECTION 3. PAYMENT FOR CONSULTANT'S SERVICES. Payments under this Agreement shall be as follows: One itemized bill, clearly indicating the monthly period for which the billing is made, and including dates on which expenses were incurred, shall be submitted to: Jennifer Murray Assistant to the City Manager Page 1 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Monthly cost for comprehensive program administration on behalf of City by Consultant shall be $950.00. Additional program expenses, such as for postage and purchase of stock of permits shall be paid by the City, subject to prior approval by the City. The City shall make available its equipment for copying to reduce the cost of certain expenses, such as printing of program rules or other forms as discussed with consultant. SECTION 4. CHANGES IN SCOPE OF WORK. No additional fees shall be paid by City for additional consulting services not included in this Agreement without the written approval of the City prior to undertaking such work. SECTION 5. OWNERSHIP OF DOCUMENTS All reports, files, documents or other data prepared or obtained under the terms of this Agreement shall be considered the property of the City, and shall be made available upon request to the City without restriction or limitation on their use. SECTION 6. NON -DISCLOSURE Reports, files or other documents prepared or acquired by Consultant pursuant to this Agreement (including any duplicate copies kept by Consultant) shall not be shown to any other public or private person or entity, except as authorized by City. Consultant shall not disclose to any other public or private person or entity any information regarding the activities of the City, except as authorized by City. SECTION 7. TERMINATION. City or Consultant may, without cause, terminate this Agreement at any time by providing a 30 day advance written notice. Notice of Termination of this Agreement shall be given in writing to Consultant, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. City: Jennifer Murray, Assistant to the City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Page 2 Consultant: Peggy Webb, Operations Manager Webb and Associates P.O. Box 4275 San Clemente, CA 92674 In the event this Agreement is terminated by City, Consultant shall be paid the value of services performed by him pursuant to this Agreement prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by City, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in SECTION 3. SECTION 8. NO ASSIGNMENTS. Consultant shall not assign any portion of the work under this Agreement without the prior written approval of the City. SECTION 9. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement, however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. SECTION 10. INDEMNITY. Consultant shall defend, hold harmless and indemnify City and all other officers and employees of City from all costs, claims, suits and damages resulting from or arising out of the activities, acts or omissions of Consultant, and its employees and agents. City shall defend, hold harmless and indemnify Consultant from all costs, claims, suits and damages resulting from or arising out of the activities, acts or omissions of City, and its officers, employees and agents resulting from or in connection with Consultant's performance of this Agreement or in connection with the management, consultation and operation of the Parking Permit Program. SECTION 11. CONSULTANT NOT AN AGENT. Except as City has specified in the parking program rules, Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Page 3 SECTION 12. PERSONNEL. Consultant agrees to assign the following person/persons to perform the tasks set forth in this Agreement: David Weigand - Senior Administrator MTjiiSn v' a Ss*apt-,Hi. l alzi-c AdW-pi.strator Consultant shall not unilaterally alter the assignment of the above personnel without the authorization of the City Manager. SECTIONI3 NON -DISCLOSURE REOUIRENIENTS/CONFLICTOFINTEREST Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Agreement are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). Consultant certifies that to the best of its knowledge, no City employee or office of any public City interest in this Agreement has any pecuniary interest in the business of Consultant and that no person associated with Consultant has any interest that would conflict in any manner or degree with the performance of this Agreement. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Agreement. Consultant is familiar with the provisions of Government Code Section 87100 and following, and it certified that it does not know of any facts which constitute a violation of said provisions. Consultant will advise the City if a conflict arises. SECTION 14. INSURANCE REQUIREMENT'S. The following shall be required of Consultant and of each subcontractor employed by Consultant to perform services under this Agreement. Consultant shall supply evidence of valid, current coverage in all specified areas for all services covered by this Agreement, whether performed by Consultant or by subcontractors of Consultant. I. Comprehensive General Liability. Consultant shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad from property damage, and blanket contractual liability in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; Page 4 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Consultant shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. II. Comprehensive Automobile Liability. Consultant shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non - owned vehicles in the following minimum amounts: $500,00 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Consultant shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. III. Worker's Compensation. If Consultant employs employees to perform services under this Agreement, Consultant shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. This policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced until after 30 days written notice is given to the City. Consultant shall provide, prior to beginning work, Certificate(s) of Insurance to the City establishing that the required insurance coverage has been secured by Consultant. Consultant shall not receive any compensation until all insurance provisions have been satisfied. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. Page 5 APPROVED AS TO FORM: ✓�.uuuiwy w X#AlW -31)V96 CITY OF SAN JU?AIT CAPISTRANO Page 6 Detailed Service Proposal As the "Parking by Permit" program administrator for Capistrano Villas, TW&A will provide the following services on behalf the City of San Juan Capistrano: Liaison for the "Parking by Permit" Program: - Permanently Assign an Experienced, Bilingual Program Administrator - Conveniently Located San Clemente Office Regular Office Hours, 8:00 AM - 4:30 PM, Monday Through Friday - By Appointment, After Hours Assistance - Provide a 24 -Hour Answer Service Outside_ of Regular Hours - Provide Bilingual Instructional Voice Mail - Provide a Toll -Free Number - Prompt, Reliable Reply and Service - Knowledgeable, Friendly Administration Establish and Maintain a Computer Permit Information Data Base Including: - Current Owner/Renter history Permit History Track Permit Application ' Assist in the Ongoing Program Administration - Issue Annual Renewal Notice, and Information to Owners and Renters - Issue Yearly Permit Voucher - Issue Permits and Permit Applications in Accordance With Program Rules - Conduct Comprehensive Application Review - Transmit Completed Applications to Review Board for Consideration - Track and Follow -Through on ALL Permit Applications - Maintain All Parking Program Records and Correspondence Attend Monthly Appeals Board Meeting: Provide an Experienced Bilingual Administrator No Travel Time Will be Charged For Regular Monthly Meeting Provide Access to Our Convenient, Local Office Conference Meeting Area Provide Program Billing Statements to Individuals for Designated Permits Collect all Receivables on Behalf of the Program and Deposit Money Into Appropriate Bank Accounts EXHIBIT -a Provide the Following Monthly Updates to the City of San Juan Capistrano: - Financial Review and Program Accounting - Monthly Summary of Permit Activity - Copies of all Correspondence Sent/Received Needing Action - Action -Items for Consideration - Recommendations • Provide Cost -Effective Administration for Special Projects Special Mailings Program Newsletters Preparation of Rules Booklets • Ensure a Smooth Transition TW&A: Provide Full Liaison and Follow-up With Current Program Administrator • No Initial Setup Fee " Ensure the Ongoing and Future Success of the Program by Providing Comprehensive, Professional Administration MON77MY FEE FOR COMPREHENSIVE PROGRAMADMINVISTRATION 798 Units Fevlsed 51,100.00 1995 Schedule of Additional Fees The 1995 Schedule of Fees for services not specifically provided within the scope of program administration: Service Postage Special Office Supplies, Printed Statements and Stationary Photocopies -Regular 81/2 X 11, White, Single Side - Regular 81/2 X 11, Colored, Single Side - Legal 81/2 X 14, White, Single Side - Other Photocopy Fax Long Distance Phone Charges Fee Schedule At Prevailing Rates At Prevailing Rates $ 0.10/page $ 0.15/page $ 0.15/page At Prevailing Rates $ 1.50/pg At Prevailing Rates Note: With the current distribution of the residences at Capistrano Villas, we estimate the need to distribute approximately 1,140 renewal notices; 342 to residents and 798 to owners. Yearly mailing will include a renewal notice, parking rules and parking permit voucher to owners, and a renewal notice. All correspondence will be considered to be bilingual. Postage: Preliminary cost estimates for postage, assuming one mass mailing per year and approximately 60 individual mailings per month throughout the year for ancillary items, would be estimated at $1,500 per year. This amount may vary depending upon the size and amount of information to be mailed. Photocopy: Preliminary cost estimates for photocopy, assuming one mass mailing per year and ancillary transactions per month throughout the remainder of the year, would be estimated at $2,200 per year. This amount may vary depending upon the size and amount of information to be mailed. January 9, 1995 TOM WEBB & ASSOCIATES Property Management Company Ms. Jennifer Murray Assistant to the City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: Addendum to the Proposal to Provide Administration for Capist ano Vrllas Overnight Parking Permit Program 0*s1-WyoM.7M Pursuant to our discussion today,. we have re-evaluated the scope of adminisaatim services associated with the Capistrano Villas Overnight Parking Permit Program. With Capistrano Viill= I voluntarily opting not to participate in the program, the scope of services provided on behalf of Capistrano Villas II and III by our finn would remain the same. We estimate the revised monthly fee for comprehensive program administration. to be reduced to S950.00 per month. We welcome any further inquiries and look forward to speaking with you in the near future. Peggy Webb Director of Operations 1046 Calle Recodo - Suite G - San Clemente, CA - 92673 (800) 498-1129 - (714) 498-1129 - FAX (714) 498-1295 February 20, 1996 Permit Parking Program Rules A parking by permit only program has been established for the public streets in the neighborhood known as the Capistrano Villas. The following rules have been approved for the program. Section 1. When is a Permit Needed Vehicles may be parked on the public streets of the Capistrano Villas during the hours of 3:00 a.m. to 6:00 a.m. daily only by permit. Vehicles parked on these public streets during these hours which do not display a valid permit are subject to citation by the Orange County Sheriff's Department. Some vehicles will be exempted from the requirement to display a permit. They are described in Section 6 below. Vehicles may be parked on the public streets of the Capistrano Villas during all other hours of the day without permit. However, parking during these hours is still subject to any posted restrictions such as hours of street sweeping. Any vehicle parking on the public streets during these hours is still subject to any requirements of the State of California Vehicle Code and applicable City Municipal Code provisions. Section 2. Number of Permits per Residence A. Permanent Permits Permits shall be issued annually based upon the number of garage spaces per each unit. Permits are not necessary for vehicles parked in garages. Units with a double garage will receive one parking permit for on street parking. Units with a single garage will receive two permits for on street parking. Section 4 describes the requirements of permit issuance. B. Temporary/Guest Permits Each unit is eligible to receive one guest/temporary permit (placard). These would be issued annually. The placard is for temporary guest use only, for no longer than seven consecutive nights duration. An initial fee of $25 is required for the unit to receive a guest permit. Thereafter, there would be no fee for reissuance of an annual guest permit, provided the expiring guest pass is turned in when the new guest pass is issued. Lost guest permits would be subject to the requirements of Section 9, Replacement Permits. Section 3. Form of Permit and Placement The parking permit will be in the form of a decal. Permits will be subject to annual renewal to ensure that only vehicles of current residents are parking in the area. Parking decals must be displayed in the inside lower left rear window of the vehicle, or they may be hung from the rear view mirror on a moveable display. The moveable display will be available from the Parking Administrator at cost, and can be purchased at the time the permit is issued. Guest permits must be displayed on the dashboard on the drivers side of the vehicle. 2 Section 4. Permit Issuance Process for Basic Allotment A voucher will be mailed to each owner of record for each residence. This voucher will enable the owner, or his or her designee to receive the basic allotment of permits from the program administrator upon payment of permit fees. Depending on whether the garage has one or two spaces for vehicle parking, the voucher will be for one or two permits. The individual redeeming the parking permit (s) will be asked to provide his or her name and telephone number, and the address of the residence for which the permit will be assigned. No information is necessary about the vehicle(s) on which the permits will be displayed. Residents may be eligible for additional permits on appeal. A separate process is outlined in Section 7 for the issuance of any additional permits granted as a result of the appeal process. Section 5 Types of Vehicles Eligible to Receive Permits A parking permit may be placed on any vehicle that can legally be driven on a public street, per the standards of the California Vehicle Code, provided the vehicle is no longer than 22 feet (264 inches), bumper to bumper; is no greater than 96 inches wide; and has a gross vehicle weight less than ten thousand pounds (10,000 lbs.). Section 6 Vehicles Exempt from Permit Requirements Parking Permits shall not apply to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from, or to, any building or structure within the Capistrano Villas, or when delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure. Parking permits shall not apply to any vehicle displaying a disabled person's placard. Section 7. Additional Permits Issuance of additional permits and replacement permits are subject to the resident's submittal of proof of residency and vehicle ownership as described below. Residents may apply for additional permits by filing a written appeal with the Board of Appeal. Residents may also apply to the Board of Appeal for replacement permits as described below. All requests for additional permits must be submitted to the program administrator by the unit owner or his designee. Upon approval, all additional permits will be issued subject to the payment of the established permit fees. A. Proof of residency Any individual requesting an additional permit must show proof of residency at a specific unit within the Capistrano Villas. This proof may be in the form of a deed to the property, a rental or lease agreement, a utility bill showing the person's name and address, or a valid California driver's license or identification card. 3 B. Proof of vehicle ownership An individual requesting an additional permit must show legal proof of ownership for the vehicle for which the permit is requested. This proof must be in the form of a current state vehicle registration, a Certificate of Title (pink slip), or a sales contract from an automobile dealership. Section 8 AQpeal Board A Board of Appeal will be established to review requests for the issuance of additional permits. This Board will consist of 5 resident property owners of the Capistrano Villas. Members will be appointed by the City Manager. The Board of Appeal will consist of no less than two resident owners from each of the two Capistrano Villas Associations. The Board of Appeal shall meet at least once per month to consider requests for additional permits. The Board of Appeal shall consider requests for the issuance of additional permits in accordance with the criteria established in Section 10. The Board may consider requests for the issuance of additional permits under other special circumstances not defined in Section 10. Section 9 Replacement Permits The Board of Appeal will consider written requests for replacement of lost, stolen or destroyed permits. A replacement permit will be issued to a resident upon proof of the following: a. Stolen Permit Resident shall submit proof of residency and vehicle ownership as described in Section 7, and proof of loss by providing a copy of a claim filed with the resident's insurance company. Where loss has occurred due to vehicle burglary or theft, the resident shall submit proof that a report has been filed with the Orange County Sheriff's Department. This proof is a copy of the Sheriff's Department Investigator's business card with a case number reference. Requests for replacement of stolen permits must be submitted through the unit owner or owner's agent. b. Destroyed Permit Resident shall submit proof of residency and vehicle ownership, and remains of more than half the destroyed permit to receive a replacement. In the case where the permit was destroyed due to extensive vehicle damage, a copy of a claim filed with the resident's insurance company or a document from a vehicle repair facility shall be required. Requests for replacement of destroyed permits must be submitted through the unit owner or owner's agent. C. Lost Permits Residents requesting replacement permits because of loss shall provide proof of residency and proof of vehicle ownership for the vehicle for which the replacement permit is requested. Requests for replacement of lost permits must be submitted 4 through the unit owner or owner's agent. Lost permits shall require the payment of a $25.00 replacement fee. d. Transferred Permits due to Sale of Vehicle In the case where a vehicle displaying a permanently affixed placard is sold, the former owner may request a replacement permit upon submittal of proof of residency and proof of sale of the vehicle. The remains of more than half of the permit are to be submitted. Section 10. Criteria for Issuance of Additional Permits Additional permits will be issued in the following circumstances: A. Individuals may be eligible to receive additional permits for eligible dependents residing with them, upon submittal of documentation of dependent residency and proof of minimum age for issuance of a California Driver's license. However, permits will be issued on a one driver/ one car ratio. No permits will be issued to "extra family vehicles". B. Individuals with sub lease or sub tenancy agreements may be eligible to receive a permit, provided the sub -lease is verified by the unit owner or the owner's leasing agent. No more than one permit will be issued to any one resident owner of a vehicle. Permit requests must be submitted through the unit owner or owner's agent to the parking administrator. C. Commuter Vans/Vanpool Vehicles are eligible for a parking decal upon submittal of documentation of vanpool use (i.e., letter from sponsoring vanpool agency). Requirements for proof of residency of individual requesting permit will also apply. D. Company owned vehicles are eligible for an additional parking decal upon documentation by registered owner showing employee's name, address and authorized use of car. All other provisions such as residency of employee and restrictions on size of vehicle will apply. In all cases, the unit owner or his or her designated agent requesting any additional permits must provide proof to the Board of Appeal that all available garage space for the unit of residence is used for the purposes of vehicular parking. Section 11. Maximum Number of Permits In no case shall more than six permits be issued to a unit with a one car garage. In no case shall more than five permits be issued to a unit with a two car garage. This includes any permits issued as part of the basic allotment allowed for the unit. Section 12. Issuance of Temporary Permits The program administrator, acting as agent of the City of San Juan Capistrano, shall have the authority to issue temporary permits as they deem necessary to provide time for new residents or individuals seeking additional permits to complete their application process and receive a hearing on their request. Section 13. Vehicles owned by Active Military Personnel Vehicles owned by active military personnel do not require California registration, but are subject to all other provisions of this program regarding residency and vehicle ownership. Section 14. Sanctions for Misrepresentation or Falsification Sanctions will be imposed for intentional misrepresentation of eligibility or falsifying information on an appeal application. Sanctions will be imposed for unauthorized copying of a permit, counterfeiting of a permit. The Board of Appeal will consider requests to impose sanctions. Any individual accused of violating this section shall be entitled to an administrative hearing by the Board of Appeal. The Board will consider evidence and will render a decision. The Sanction for violating the rules is loss of the permit or permits in question for a twelve month period.