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03-0805_WEBB COMMUNITY MANAGEMENT, INC._Agreementi 6 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made this Q:) — day of _, 2003, by and between the CITY OF SAN JUAN CAPISTRANO,; hereinafter referred to as "City," and WEBB Community Management, Inc., 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 I, II and RI, in accordance with therogram rules. 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 ofBoard of Appeal meetings, provision ofbilin ual billing statements to individual obtaining permits, and collection and deposit of receivables on behalf of the Program. These services are further outlined in a attached Scope of Work (Attachment 1) and in the attached Schedule of Fees (Attachment 2). SECTION 2. TIME OF BEGINNING ANP COMPLETION OF SERVICES. The services provided for under this Agreemerht shall begin upon execution of this Agreement by all parties. The services provided under this Agreement shall be completed on or before September 16, 2004. SECTION 3. PAYMENT FOR CONSULIANT'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: William M. Huber, Director of Engineering & Building Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Page 1 City shall pay to Consultant a monthly consulting fee of $1,450.00 for the services provided under this Agreement. City shall pay Consultant for all other services performed under this Agreement at a rate consistent with the Schedule of Fees herein enclosed in Attachment 2. 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 DOCUMrNTS. All reports, files, documents or other data prepared or acquired by Consultant pursuant to 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 anytime 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: William M. Huber, P.E. Engineering and Building Director/City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Page 2 0 Consultant Peggy Webb, Vice President WEBB Community Management, Inc. 960 Calle Amanecer San Clemente, CA 92673 49 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 excegding 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. I SECTION 10. INDEMNITY. Consultant shall defend, hold harmless an indemnify City and all other officers and employees of City from all costs, claims, suits and amages 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 gfficers, 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 Parkijig 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�apacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant t this Agreement to bind City to any obligation whatsoever. Page 3 0 0 SECTION 12. PERSONNEL. Consultant agrees to assign the following person/persons to perform the tasks set forth in this Agreement: Robin Bellis, Director of Operations, Supervising Manager Kathy Maltby, Program Manager Nancy Thompson, Program Manager Carlos Sanchez, Program Manager Consultant shall not unilaterally alter the assignment of the above personnel without the authorization of the Director of Engineering & Building Services. SECTION 13. NON- DISCLOSURE REOWREMENTS/CONFLICT OF INTEREST. Pursuant to Council Policy, it has been detercgined 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 th t 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 co Id 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 REQUIREMENTS. 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 form 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 0 0 $1,000,000 injury to more than one parson/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. H. 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 c not limited to contractual period; $1,000,000 injury to more than one occurrence/not limited to contractus Consultant shall provide an endorsement to as an additional insured to the insurance policies n Q2 C 1 7� �uNc r -�o'N'J OA_J /�/ajIO3 1J -/D Z�/ Ile d 3ed /0eeW6'kl7/-, III. Worker's Compensation. If Consub ider this Agreement, Consultant shall obtain and main er's Compensation Employer's Liability Insurance in V. This policy/policies shall not terminate, nor sllall 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 coverages have been secured by Consultant. Consultant shall not receive any compensatuon until all insurance provisions have been satisfied. Page 5 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first herein above written. ATTEST: APPROVED AS TO FORM: C John R. S aw, City Attorney Cf. City of SC — Capo Villas OPP Agreement 07-01-03 CONSULTANT �Y --- Webb Community Management, Inc. CITY OF SAN JUAN CAPISTRANO Interim City Manager Page 6 r Scope of Work 0 Attachment 1 As the Program Administrator for the Capistrano Villas Overnight Parking Permit Program (Program) on behalf of the City of San Juan Capistrano (City), WEBB Community Management, Inc. (WEBB) will provide the following services: 1. Liaison for the Program: a. Permanently assign an experienced administrator b. Provide bilingual administrative assistance C. Liaison with homeowners and tenantsli for Program administration d. Provide a toll-free (800) number e. Regular office hours 8:00 a.m. to 4:30 O.m. Monday -Friday (lunch between 12:00 p.m. and 1:00 p.m.) - Replying to phone, City, and residen( inquiries - Establish regular in-house sticker issuance hours f Respond to Program phone inquiries g. Initial issuance of stickers on-site h. Liaison with City Staff, The Orange County Sheriff's Department, parking enforcement, and other City-identifie J1 contacts relating to the Program i. Prompt, efficient reply and service j. Knowledgeable, friendly administration 2. Establish and maintain a computer permit infsr oration database including: a. Current owner/renter history b. Permit issuance history C. Track appeal application tracking Assist in the ongoing administration of the Program a. Issue Annual Renewal Notice and Information to owners and renters b. Issue Yearly Permit Renewal Notice td Owners C. Issue Permits and Permit Applications in Accordance with Program Rules and Policy d. Conduct comprehensive application review e. Track and follow-through on all permit applications f. Assist homeowners and renters in app�ying for a Parking Appeal g. Maintain all Parking Program records and correspondence 4. Attend Appeals Board Meetings a. Provide an experienced administrator b. No travel time will be charged for regular Meetings C. Provide access to our conference area for Meetings 5. Provide Program billing statements to individuals for designated permits 6. Collect all Program receivables and distribute receivables to the City Page 7 0 7. Provide the following monthly updates to the City: a. Activity report and checks for permit issuance b. Copies of all correspondence received/sent on behalf of the Program C. Action items for consideration d. Recommendations 8. Cost effective administration of special projects 9. No initial setup fee for address/name changes 10. Ensure the ongoing and future success of i the Program by providing comprehensive, professional administration Page 8 0 Schedule of Fees Consulting Fee 799 Homes 0 Attachment 2 $1,450.00 Monthly Recurring Services --Compensation to WEBB Management for recurring expense items is based on a rate for services rendered as follows: I. Administrative Services A. General Administration Charge Frequency 1. New account set-up, move -in, move -out n/c 2. Database setup and maintenance n/c 3. Monthly Program reports to City n/c 4. Individual Program correspondence n/c 5. Postage at cost 6. Fax, incoming and outgoing $1.50 7. Phone charges (long distance) 4t cost 8. Membership roster (to BOD) n/c 9. Photocopy - Regular 81/2 X 11, white, single side $0.10 - Regular 81/2 X 11, color, single side $0.15 - Legal 81/2 X 14, white, single side $0.15 - Other photocopy at cost 10. Program supplies, including but not limited to�: letterhead, stationary, checks, customized statements, stickers, rentals, and startup ongoing monthly each each each monthly each special -order items at cost 11. Records Storage $0.50/box 12. Membership and special mailings - - Prepare, edit and distribute annual renewal notice (799 notices) n/c - Prepare, edit, and distribute other member n�tices at cost 14. Distribution of parking permits a. Issuance of permits n/c b. Issuance after 799 $10.00 page page page page each each Ix/yr each 799 each Page 9 • 0 B. Meetings 1. Initial issuance of permits on-site - On-site issuance of permits — up to three, five (5) hour sessions, with three (3) administrators n/c up to 3 2. Appeals meetings, administrator to attend n/c up to 6/yr 3. Administration of appeals application(s) n/c each 4. Meetings over 2 '/2 hours at cost hourly 5. Use of WEBB facility for appeals meetings n/c up to 6/yr 6. Additional meeting attendance by administrator or additional staff, other than administrator, !, at any meeting at cost hourly II. Fiscal and Accounting Services A. Collect fees for issuance of permits and passu n/c each B. Submit collected fees to the City n/c each IV. Non -Recurring Expenses — If special services are requested, and those services are not specifically within the scope of this Agreement as stated above, compensation to WEBB Community Management, Inc. is based on a rate for services rendered in %< hour increments as follows: CLASSIFICATION BILLING RATE Administrative/Clerical i 1 $ 35.00/hr Associate Community Managers $ 45.00/hr Community Manager $ 55.00/hr Senior Community Managers $ 75.00/hr Supervising Account Managers $100.00/hr Principal and Consulting Property Managers $125.00/hr Mileage $ 0.36/mi Page 10