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05-0705_TRAUMA INTERVENTION PROGRAMS_Action Reminder0 0 411 CITY CLERK'S DEPARTMENT- ACTION REMINDER C kr25T- 1, ,n Cj 1�1�1 TO: Michael Cantor, Senior Management Analyst (jiv2�sry �xa�so�� , ��rz�rHvay FROM: DATE: June 1, 2007 SITUATION: At their meeting on July 5, 2005 the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with Trauma Intervention Programs to provide emotional and practical support services to victims of traumatic events and their families. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: �aaAl • DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: 'mow DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/07 Deadline Date: 06/30/07 (600.30/trauma) r r PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") Trauma Intervention Programs (TIP), (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's emotional and practical support services to victims of traumatic events and their families; 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 Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This is a two-year Agreement and shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eight Thousand Six Hundred Dollars (35,834 population x $.12 = $8,600), as set forth in Exhibit "B," attached and incorporated herein by reference. TIP psa.doc - I - June I, 2005 SD 0 0 3.2 Method of Payment. Consultant shall submit quarterly invoices based on total services. The City will pay quarterly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for 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 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. 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. TIP psa.doc - 2 - June 1, 2005 0 0 Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform 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. 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. No client privileged information will be released without the client's written consent. Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials 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 damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. TIP psa.doc - 3 - June I, 2005 0 0 Section 13. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 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. 13.2 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.3 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 to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.4 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 Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. TIP psa.doc - 4 - June I, 2005 0 0 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. Termination. City and Consultant 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 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. TIP psa.doc -5 - June I, 2005 Section 15. 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: Michael Cantor, Senior Management Analyst To Consultant: Trauma Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 Attn: Wayne Fortin, CEO Section 16. 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 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. TIP psa.doc - 6 - June 1, 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By:4� y Hart, Mayo CONSULTANT By. Wayne F T in, Chief Executive Officer ATTEST: -:�2 � A JWA-'-� M rg R. Monahan, City Clerk AS TO FORM: John R. I haw, City Attorney TIP psa.doc - 7 - June 1, 2005 • National Office Trauma 1420 Phillips Street Vista, CA 92083 Intervention (714) 314-0744 Programs Inc. Tip"Citizens helping citizens in crisis" Date: June 8, 2005 To: Mr. Mike Cantor From: Wayne Fortin Re: Services Provided the City of San Juan Capistrano July 1, 2004 to May 31, 2005 Services Provided to the City of San Juan Capistrano by TIP of Orange County A. Crisis Intervention Services: TIP volunteers will respond 24 -hours a day, 365 -days a year within 20 minutes to support citizens in crisis. B. Follow Up Services: TIP volunteers provide written follow up services and a resource manual to residents who are victims of traumatic events. C. Volunteer Training and Supervision: San Juan Capistrano residents are provided a significant volunteer opportunity and are provided_ extensive training and supervision. . D. Summary of Services: (See attached) II Statistical Data (July 1, 2004 to May 31, 2005 -11-month period) A. # of volunteer hours contributed to Orange County Cities (including San Juan Capistrano) _ 18,200 B. # of TIP Responses – 34 C. # of San Juan Capistrano residents provided service = 104 D. # of TIP volunteers serving the City = 36 E. # of Emergency Responders trained to use the TIP program = 85 F. Average response time = 20 minutes U. Reliability = 100% of calls for service responded to when requested by emergency responders III Summary of Results A. Citizens who are traumatized — many of whom are experiencing the worst few hours of their lives are given immediate support which they would not have without TIP services. B. Emergency Responders report that TIP was "very helpful" and report TIP frees them up to perform other emergency services. C. Citizens are given extensive training. These citizens report that this training not only is helpful on TIP calls, but also is very useful in making them more effective when called upon to help others on the job, in their family, and in their neighborhoods. D. The TIP program provides the City of San Juan Capistrano with a well trained and experienced critical incident response team capable of responding to major incidents within the City. JUN - 9 2005 Winner National Crime Victim Service Award bmovations in State and Local Government Award ATTACHMENT 2 TIP Trauma 1 0 Tr Intervention Programs, Inc. " tizens tielping citizens in crisis Services Offered #1 Volunteers provide 24-hour, 7 -day a week Crisis Response services. #2 Professional Mental Health Intervention: Mental health professionals offer short term counseling services at no cost to victims. #3 TIPTeens Program: TIPTeens are young people who are well trained volunteers in the TIP program. TIPTeens are called upon by TIP volunteers to help traumatized teens and children. #4 TIP4kids Program: TIP offers counseling services for children who have been emotionally traumatized and for parents struggling to help their children after a crisis event. #5 Critical Incident/Disaster Response Team: A specially trained team of TIP volunteers responds to major incidents and disasters on a 24-hour 365 -day basis. #6 Senior Crisis Team: Extensive follow up services are provided to elderly citizens who are in crisis. #7 TravelersCare: Special arrangements are made with the travel industry to call TIP when travelers have experienced a crisis event while away from home. TIP volunteers provide support until the traveler is reunited with loved ones. #8 Bilingual Services: Bilingual TIP volunteers are available to respond to emergency scenes when requested. All TIP resource materials are available in English and Spanish. (OVER) Winner National Crime Victim Service Award Innovations in State and Local Government Award #9 Victims Resource Service: Helpful written materials and video tapes are delivered to victims of crisis events on a 24-hour , 365 -day a year basis. #10 TIPLine: A telephone information and referral service is available to help emotionally traumatized citizens. #11 Hospital Response Program: TIP volunteers are called by hospital emergency room staff to assist victims and their families. Also, hospital personnel are authorized to call a TIP volunteer when family members need volunteer accompaniment from the hospital back home. #12 Traffic Accident Response Team: Specially trained TIP volunteers respond to scenes of traffic accidents at the request of the Highway Patrol and other law enforcement agencies to assist emotionally traumatized accident victims. #13 TIP National Emotional First Aid Course: This .8 -hour course is offered to emergency personnel, nurses, mental health professionals, managers, and the general public. #14 Good Samaritan Awards: Emergency responders and citizens who have demonstrated exceptional compassion in assisting victims of crisis events are recognized on a regular basis. #15 National Assistance Network: By working with TIP programs across the nation, the local TIP Chapter ensures that local residents receive crisis support services while traveling away from home. ACrDRD CERTIFIC OF LIABILITY INSURAN TM. DAT;ti2 "/2o 4YYY) 04 PROD "GER NATIONAL INSURANCE PROFESSIONALS CORP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A DIVISION OF RISK PLACEMENT SERVICES, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1040 NE HOSTMARK STREET #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EFFECTIVE DATE MM/DDIYY POULSBO WA 98370-7454 LIMITS INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: UNITED NATIONAL INSURANCE COMPANY INSURER B: TRAUMA INTERVENTION PROGRAMS, INC. 1930 WEST SAN MARCOS BLVD #156 SAN MARCOS CA 92078 INSURER C: INSURER D DAMAGE TO RENTED PREMISES E. oo ..-) INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR LTR ADD'L INSR TYPE OF INSURANCE POLICY NUMBED POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MMMMY LIMITS Ba . Clipsham GENERAL LIABILITY CGA044873 12/15/04 12/15/05 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES E. oo ..-) $ 100,000 X COMMERCIAL GENERAL LIABILITY X CLAIMS MADE[_] OCCUR MED. EXP (My one person) $ Not Included PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 3,000,000 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO CGA044873 12/15/04 12/15/05 COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ Not Included A BODILY INJURY (Per accitlent) $ Not Included HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ Not Included GARAGE LIABILITY AUTOONLV - EA ACCIDENT $ Not Included OTHER THAN EA ACC $ Not Included ANY AUTO AUTO ONLY: AGG $ Not Included EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ Not Included OCCUR CLAIMS MADE AGGREGATE $ Not Included $ Not Included $ Not Included DEDUCTIBLE RETENTION $ $ Not Included WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCSTATU- omER LIMITS _ _ ,TORY E . EACH ACCIDENT $ Not Included ANY PROPRIETORIPAHTNEWEXECUTIVE EL. DISEASE -EA EMPLOYEE _ $ Not Included OFFICENMEMBER EXCLUDED? Yee,s unser S PECIAL gL PROVISIONS below EL. DISEASE -POLICY LIMIT - $ Not Included OTHER: PROFESSIONAL LIABILITY CGA044873 12/15/04 12/15/05 $1,000,000 PER OCCURRENCE A $3,000,000 AGGREGATE LIMIT AGG LIMIT IS COMBINED PL & CGL DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED UNDER THE ABOVE POLICY BUT ONLY AS THEIR INTERESTS MAY APPEAR AND ONLY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. IT IS FURTHER AGREED THAT PC154 (PRIMARY WORDING ENDT.) IS ATTACHED AND MADE PART OF THIS POLICY WITH RESPECTS TO THIS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY CLERKS OFFICE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 32400 PASEO ADELANTO WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, SAN JUAN CAPISTRANO CA 92675 IT'S AGENTS OR REPRESENTATNES AUTHORIZED REPRESENTATIVE Attention: Ba . Clipsham ACORD 25 (2001/08) Certificate 4 37883 © ACORD CORPORATION 1988 02/18/2005 10:47 FAX • IM 002 ` Y I ENDORSEMENT Number 2 This endorsement, effective 1201 A.M. EIEC 15 04 polinyNo- OGA044873 issued to TRAUMA INTERVENTION PROGRAMS, INC. BY X❑ united National insurance oom�any Diamond State Instenmes Company united National Specialty insurance Company I THIS ENDORSEMENT CHANGES HE POLICY. PLEASE READ IT CAREFULLY. IT IS UNDERSTOOD AND AGREED THAT, FOR THE PREMIUM PAID, THE FOLLOWING ARE ADDED TO THIS POLICY AS ADDITIONAL INSURED% BUT ONLY AS RESPLA; I S I HEIR INTEREST AS A FUNDING SOURCE OF OR FOR THE NAMED INSURED. CITY OF COSTA MESA 77 FAIR DRIVE COSTA MESA CA 82625 CITY OF RANCHO SANTA MARGARITA 22112 EAST PASEO RANCHO SANTA MARGARITA CA 92688 ATTN: CINDY LONG, FINANCE DIIRECTOR CITY OF SAN JUAN CAPISTRAN( ' CITY CLERKS OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 IT IS FURTHER UNDERSTOOD AND AGREED THAT FORM P0154 (5/96), IS ATTACHED AS RESPECTS THE ABOVE MENTIONED ADDITIONAL INSUREDS. PC153 (7197) Page 1 02/28/2005 10:48 FAX • 121003 (The attaching clause need be completedjonly when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy #: Issued to: By: at 12:01 a.m. standard time, forms a part of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -PRIMARY COVERACP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM In consideration of the premium charged , I warrant the following: WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of the work for that insured by or for you. i Furthermore, the following is added to i ECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 4, Other insurance: 4. Other insurance: d) This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other temas and conditions of the policy remain unchanged. PC154 (5/98) -FITHOLDER COPY SD STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IN SU Ptt A.N,CEE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-01-2005 GROUP: POLICY NUMBER: 1187336-2005 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 05-01-2006 05-01-2005/05-01-2006 CITY OF SAN JUAN CAPISTRANO SO JOB: ALL OPERATIONS ATTN: CHERYL JOHNSON 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other, document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER TRAUMA INTERVENTION PROGRAMS INC. 1930 W SAN'MARCOS BLVD # BLI56 SAN MARCOS CA 92078 LEGAL NAME TRAUMA INTERVENTION PROGRAMS, INC. (A NON-PROFIT CORP.) IREV.3-03) PRINTED: 04/15/2005 P0408 I THIS tt- THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND saF:o2ss L AGENDA REPORT TO: David F. Adams, City Manager 96' FROM: Michael Cantor, Senior Management Analyst 0 7/5/05 D10 SUBJECT: Consideration of Renewal of Agreement for Crisis Intervention Services (Trauma Intervention Program, Inc.) By motion, renew the agreement with Trauma Intervention Programs, Inc., for volunteer trauma intervention response to critical incidents for $8600 for two -years from July 1, 2005 to June 30, 2007. SITUATION: The Trauma Intervention Program (TIP) is a volunteer, non-profit, organization that assists victims of traumatic experiences. TIP volunteers respond to emergency scenes to provide intervention assistance to victims, family members, witnesses and emergency personnel. These volunteers are trained to assist individuals with stress management subsequent to a critical and/or traumatic event. Additional program benefits include assistance to emergency personnel by tending to the needs of grieving victims and family members, thus relieving emergency personnel at the scene of these duties so that they may perform more critical job -specific tasks. TIP recruits volunteers from the community at large. This ensures quick response to calls for service. They guarantee a 20 -minute response time from the time of notification. Each volunteer, receives approximately 55 hours of classroom training in topics related to crisis and stress management, as well as 3 -hours of monthly in-service training. As stated, TIP is a non-profit organization. They provide the aforementioned services free of charge to those in crisis. The program is funded by both public and private organizations. Public funding accounts for approximately 15% to 20% of the operating budget. Private funds are obtained through fund raising efforts conducted by TIP personnel. TIP provides services to its contract partners, such as the City of San Juan Capistrano, based on the population of the municipality. The cost to the City of San Juan Capistrano is $.12 per capita, which amounts to $4,300.00 annually (based on the recorded population of 35,834 at the time the agreement was drawn. 0 Agenda Report Page 2 July 5, 2005 There are 85 trained volunteers serving South Orange County, which includes Lake Forrest, Laguna Woods, Mission Tejo, Laguna Niguel, Aliso Viejo, Dana Point, San Clemente and San Juan Capistrano. TIP volunteers donated 18,200 hours of on-call service last year in the county and the average response time was approximately 20 minutes. There are 36 volunteers assigned to the City. TIP volunteers responded to 34 calls for service within the City, during which they served 104 San Juan Capistrano residents. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: This is a two-year agreement for $8600. Funds in the amount of $4300 have been allocated in the fiscal year budget 2005-2006 for this agreement. The amount of the contract is based on $.12 per capita. This year's costs reflect no increase over the previous year's contract. NOTIFICATION: Trauma Intervention Programs RECOMMENDATION: By motion, renew the agreement with Trauma Intervention Programs, Inc., for volunteer trauma intervention response to critical incidents for $8600 for two -years from July 1, 2005 to June 30, 2007. Respectfully submitted, Michael Cantor Senior Management Analyst Attachments 1. Personal Services Agreement 2. TIP services provided to City 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") Trauma Intervention Programs (TIP), (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's emotional and practical support services to victims of traumatic events and their families; 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 Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This is a two-year Agreement and shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eight Thousand Six Hundred Dollars (35,834 population x $.12 = $8,600), as set forth in Exhibit "B," attached and incorporated herein by reference. TIP psa.doc - I - June 1, 2005 ATTACHMENT 0 0 3.2 Method of Payment. Consultant shall submit quarterly invoices based on total services. The City will pay quarterly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for 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 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. In the event of a change in the Scope documents as requested by the City, the Parties this Agreement setting forth with particularity all but not limited to any additional Consultant's fees. of Work provided for in the contract hereto shall execute an addendum to terms of the new agreement, including TIP psa.doc - 2 - June 1, 2005 C: 0 Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform 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. 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. No client privileged information will be released without the client's written consent. Section 12. Indemni , Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials 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 damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. TIP psa.doc - 3 - June 1, 2005 0 0 Section 13. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 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. 13.2 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.3 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 to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.4 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 Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. TIP psa.doc - 4 - June I, 2005 0 0 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. Termination. City and Consultant 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 for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other parry does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. TIP psa.doc -5 - June 1, 2005 Section 15. 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: Michael Cantor, Senior Management Analyst To Consultant: Trauma Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 Attn: Wayne Fortin, CEO Section 16. 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 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. TIP psa.doc - 6 - June 1, 2005 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO c - Wyatt Hart, Mayor CONSULTANT Wayne fortin, Chief Executive Officer TIP psa.doc - 7 - June 1, 2005 National Office Trauma 1420 Phillips Street Vista, CA 92083 Intervention (714) 314-0744 Programs Inc. Tip"Citizens helping citizens in crisis" Date: June 8, 2005 To: Mr. Mike Cantor From: Wayne Fortin Re: Services Provided the City of San Juan Capistrano July 1, 2004 to May 31, 2005 Services Provided to the City of San Juan Capistrano by TIP of Orange County A. Crisis Intervention Services: TIP volunteers will respond 24 -hours a day, 365 -days a year within 20 minutes to support citizens in crisis. B. Follow Up Services: TIP volunteers provide written follow up services and a resource manual to residents who are victims of traumatic events. C. Volunteer Training and Supervision: San Juan Capistrano residents are provided a significant volunteer opportunity and are provided extensive training and supervision. D. Summary of Services: (See attached) II Statistical Data (July 1, 2004 to May 31, 2005 -11-month period) A. # of volunteer hours contributed to Orange County Cities (including San Juan Capistrano) _ 18,200 B. # of TIP Responses = 34 C. # of San Juan Capistrano residents provided service = 104 D. # of TIP volunteers serving the City = 36 E. # of Emergency Responders trained to use the TIP program = 85 F. Average response time = 20 minutes Ci. Reliability = 100% of calls for service responded to when requested by emergency responders III Summary of Results A. Citizens who are traumatized - - many of whom are experiencing the worst few hours of their lives — are given immediate support which they would not have without TIP services. B. Emergency Responders report that TIP was "very helpful" and report TIP frees them up to perform other emergency services. C. Citizens are given extensive training. These citizens report that this training not only is helpful on TIP calls, but also is very useful in making them more effective when called upon to help others on the job, in their family, and in their neighborhoods. D. The TIP program provides the City of San Juan Capistrano with a well trained and experienced critical incident response team capable of responding to major incidents within the City. JUN - 9 2005 Winner National Crime Victim Service Award Innovations in State and Local Government Award ATTACHMENT 2 TIP • Is Trauma Intervention Programs, Inc. ' t tzens e ping citizens to crisis Services Offered #1 Volunteers provide 24-hour, 7 -day a week Crisis Response services. #2 Professional Mental Health Intervention: Mental health professionals offer short term counseling services at no cost to victims. #3 TIP Teens Program: TIP Teens are young people who are well trained volunteers in the TIP program. TIPTeens are called upon by TIP volunteers to help traumatized teens and children. #4 TIP4kids Program: TIP offers counseling services for children who have been emotionally traumatized and for parents struggling to help their children after a crisis event. #5 Critical Incident/Disaster Response Team: A specially trained team of TIP volunteers responds to major incidents and disasters on a 24-hour 365 -day basis. #6 Senior Crisis Team: Extensive follow up services are provided to elderly citizens who are in crisis. #7 TravelersCare: Special arrangements are made with the travel industry to call TIP when travelers have experienced a crisis event while away from home. TIP volunteers provide support until the traveler is reunited with loved ones. #8 Bilingual Services: Bilingual TIP volunteers are available to respond to emergency scenes when requested. All TIP resource materials are available in English and Spanish. (OVER) Winner National Crime Victim Service Award Innovations in State and Local Government Award #9 Victims Resource Service: Helpful written materials and video tapes are delivered to victims of crisis events on a 24-hour, 365 -day a year basis. #10 TIPLine: A telephone information and referral service is available to help emotionally traumatized citizens. #11 Hospital Response Program: TIP volunteers are called by hospital emergency room staff to assist victims and their families. Also, hospital personnel are authorized to call a TIP volunteer when family members need volunteer accompaniment from the hospital back home. #12 Traffic Accident Response Team: Specially trained TIP volunteers respond to scenes of traffic accidents at the request of the Highway Patrol and other law enforcement agencies to assist emotionally traumatized accident victims. #13 TIP National Emotional First Aid Course: This .8 -hour course is offered to emergency personnel, nurses, mental health professionals, managers, and the general public. #14 Good Samaritan Awards: Emergency responders and citizens who have demonstrated exceptional compassion in assisting victims of crisis events are recognized on a regular basis. #15 National Assistance Network: By working with TIP programs across the nation, the local TIP Chapter ensures that local residents receive crisis support services while traveling away from home. Z12400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org MEMBERS OF THE CIT V COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHOATE WYATT HART JOE SOTO DAVID M. SWERDUN The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 5, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Renewal of Agreement for Crisis Intervention Services (Trauma Intervention Program, Inc.)" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Tuesday, July 5, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)-sanivancaaistrano.org. Meg Monahan, CMC City Clerk cc: Trauma Intervention Programs, Inc.; Michael Cantor, Senior Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future .. �.� Printed on recvcletl oaoer 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org July 7, 2005 Trauma Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 Attention: Wayne Fortin, CEO Dear Mr. Fortin: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to providing emotional and practical support services to victims of traumatic events and their families was approved by the City Council on July 5, 2005. An executed original agreement is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Michael Cantor, Senior Management Analyst (949) 234-4565. Thank you, relvire Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 4-5 Panted on rewcfe nam, 0 0 • CITY CLERK'S DEPARTMENT- ACTION REMINDER �= tr1;�� �r k Cl lc� S�cl TO: Michael Cantor, Senior Management Analyst FROM: DATE: June 1, 2007 SITUATION: At their meeting on July 19, 2005, the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with Webb Community Management, Inc. to administration the overnight permit parking program for Capistrano Villas I, II & III. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: —z DATE SIGNED: ��7 Tickler Date: 06/01/07 Deadline Date: 06/30/07 (600.30/webb) 0 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Webb Community Management, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to administrate the overnight permit parking program in the Capistrano Villas I, II and III; 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 Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This is a two-year Agreement and shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Forty -Three Thousand Four Hundred Fifty -Two Dollars ($43.452.00), as set forth in Exhibit "B," attached and incorporated herein by reference. Webb psa 05.doe Page I of 7 SD • 3.2 Rate Schedule. The services shall be billed to the City at the monthly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City ,representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly progress payments based on approved invoices in accordance with Exhibit "B." For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for 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 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. Webb psa 05.doc Page 2 of 7 0 0 Section 6. Changes to Scope of 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. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the location, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform 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 5. 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. 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. Webb psa 05.doc Page 3 of 7 0 0 Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all clairrts, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or dama9e to properly or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractor$ in carrying out its obligations under this Agreement. 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 performanoo of this Agreement or in connection with the management, consultation and operation of the Parking Permit Program. Section 13. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 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. 13.2 Comprehensive Automobile Liability. The service provided by the Consultant does not require Comprehensive Automobile Liability. On December 2, 2003, the City Council approved deletion of this section. Webb psa 05.doc Page 4 of 7 0 0 13.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or sell -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 Notice of Cancellationfrermination 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. Termination. City and Consultant 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 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. Webb psa 05.doc Page 5 of 7 Section 15. 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: Michael Cantor, Senior Management Analyst To Consultant: Webb Community Management, Inc. 960 Calle Amaneder San Clemente, CA 92673 Attn: Peggy Webb, Vice President Section 16. 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 attomeys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. 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. Webb psa 05.doc Page 6 of 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO E CONSULTANT Pe President ATTEST: R. Monahan, City Clerk AS TO FORM: 9! ��7 = John R. Shaw, tity Attorney Webb psa 05 Page 7 of 7 EXHIBIT "A" Project Overview and Scope of Work 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: Liaison for the Program: a. Assign an experienced administrator and support staff b. Office hours Monday -Friday, 8:00 a.m. to 4:30 p.m. (closed for lunch 12:00 p.m. to 1:00 p.m.) - Reply to telephone, City, and resident inquiries - Establish regular in-house sticker issuance hours - Provide toll free telephone number (800) 498.1129 C. Liaison with homeowners and tenants for Program administration d. Liaison with City staff, the Orange County Sheriffs Department, parking enforcement, and other City -identified contacts relating to the Program e. Respond to Program telephone and correspondence inquiries f. Schedule two 2 -hour and one 3 -hour sessions for annual renewal of permits at the Capistrano Villas g. Provide bilingual administrative assistance h. Prompt, efficient reply and service - Knowledgeable, friendly administration 2. Establish and maintain a computer permit information database including: a. New accounts set-up, move in, move out b. Current owner/renter history C. Permit issuance history d. Track appeal application history 3. Program Supplies: a. Standard # 10 mailing envelopes and labels for individual Program mail b. Return address envelope for one annual renewal notice to owners and renters of record C. Lamination materials for individual guest passes 4. Mailings: a. Prepare, edit and distribute one annual (2 page double -sided English/Spanish) renewal notice b. Prepare, edit and distribute one annual renewal reminder C. Prepare, edit and distribute other notices as requested by the City Exhibit A&B.doc pagc I of 3 • C 5. NSF: a. Issue City -requested notice for checks returned for non -sufficient funds 6. General Administration: a. Ensure the ongoing and future success of the Program by providing comprehensive, professional administration b. Issue annual renewal notice and information to owners and renters of record 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 applying for a parking appeal application(s) g. Maintain all Program records and correspondence and store as needed h. Meet with City staff as needed to discuss Program operations L Provide Program billing statements to individuals for designated permits j. Collect all fees associated with permit Program and submit collected fees to City 7. Provide the following to the City a. Weekly Sticker Status Report b. Monthly data report that shall include Total Permits Issued and Active, Appeals, Visitor Passes and Revenue Collected/Deposited. C. Correspondence from public that requires a City response d. Copies of the annual renewal notifications sent on behalf of the Program Exhibit A&B.doc page 2 of 3 EXHIBIT "B" Compensation and Payment The City agrees to pay Webb Community Management, Inc. $43,452.00 for all services performed for the two-year tens of the agreement. Additional compensation is listed below for special services and or meetings. 2. Consultant shall submit monthly invoices of $1810.50 for services. 3. The City shall make payments within 14 days of receipt of Consultant's bill. 4. Payments shall be made to Webb Community Management, Inc. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Forty-three Thousand Four Hundred Fifty -Two Dollars ($43,452.00). Additional Compensation Services 1. Parking Permit Stickers shall be billed to City at cost and shall not be included in the cost of this agreement. 2. City shall supply City Stationery as needed for renewals and special mailings. 3. City shall provide photocopies for annual renewal notice mailing and Permit Parking Program Rules. Non -Recurring Expenses If special services and or meetings are requested, and those services are not specifically within the scope of this Agreement as stated above, compensation to WEBB Community Management, Inc. shall be based on a rate for services rendered in % hour increments as follows: CLASSIFICATION BILLING RATE Administrative, Clerical and Associate Managers Community Managers Senior Community Managers Supervising Account Managers Principal and Consulting Property Managers Mileage $ 45.00/hr $ 55.00/hr $ 75.00/hr $100.00/hr $125.00/hr $ 0.33/mi Exhibit A&B.doc page 3 of 3 IL STATE COMPENSATION INSURANCE FUND • SG COPY P.O. BOX 80,7,,SAN FRANCISCO,CA 94142-0807 CERTIFICA"C"AP COMPENSATION INSURANCE ISSUE DATE: 05-01-2005 INS APR 25 P 1pt uu OJppTN C PISTRANO CITY OF SAN JUAN C�B'IS#PNtA0 SG CITY CLERKS OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 GROUP POLICY NUMBER: 1381955-2005 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 05-01-2006 05-01-2005/05-01-2006 JOB: ALL CALIFORNIA OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE X,, A, M4� PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. EMPLOYER WEBB COMMUNITY MANAGEMENT,INC. 960 CALLE AMAN€CER SAN CLEMENTE CA 92673 LEGAL NAME WEBB COMMUNITY MANAGEMENT,INC. PRINTED: 04/15/2005 P0408 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org April 15, 2005 Webb Community Management 960 Calle Amanecer San Clemente, CA 92673 �j mcaeviceerre fsrenuwm � 1961 1776 • MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements — Overnight Parking Program The following insurance document is due to expire: ✓ Workers Compensation Certificate 05/01/2005 SAM ALLEVATO DIANE BATHOATE WYATT HART JOE SOTO DAVID M. SWERDLIN Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expirc3#0n date. If yoyr'f )ave any questions, please contact me at (949) 443-6309. alnc � e a Administr a Secretary cc: n Schandert,- nl` San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pometl on recycktl paper ACORD,„ ICERTIFICA ffOF LIABILITY 1NSIURA E DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBCO INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0750612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 27362 Calle Arroyo COMPANIES AFFORDING COVERAGE San Juan Capistrano, CA 92675 COMPANY A THE HARTFORD INSURED WEBB COMMUNITY MANAGEMENT COMPANY B ST PAUL FIRE & MARINE INS. CO COMPANY C 960 Calle Amanecer San Clemente, CA 92673 COMPANY BJA D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CID LTR TYPE OF INSURANCE POLICY NUMBEfl POLICYEFFECTIVE DATE(MWDDNY) POUCYEXPIRATION DATE(MM/DONY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY BINDER #2518 10/26/04 10/26/05 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 CLAIMS MADE OOCCUR PERSONAL &ADV INJURY $ 1000000 EACH OCCURRENCE $ 1,000,000 OWNER'S a CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 300.000 MED EXP (Any one person) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEOAUTOS BODILY INJURY (Per..itlent) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STA') U- OTH- TORY LIMIT ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ EL DISEASE-POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNER S/EXECUTIVE EL DISEASE - EA EMPLOYEE $ OFFICERS ARE EXCL A OTHER BUSINESS PERSONAL BINDER #2518 10/26/04 10/26/05 $225,000 SPECIAL FORM RC PROPERTY $500 DEDUCTIBLE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS ADDTIONAL INSURED. CERT FICATE HOLDER CANCELLATION: Ten Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ITY OF SAN JUAN CAPI.STRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: CITY CLERK'S OFFICE _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATI AUTHORIZED REPRESENTATIVE 002518 ACORD 25-S (1)'95) " " O ACORD CORPORATION 1988 ` CEWFICATE OF INSURA*w;E - (Continuations) -• 002518 BJA INSURED: WEBB COMMUNITY MANAGEMENT OTHER COVERAGES - (Continued): CO LTR TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER DATE POLICY EXPIRATION DATE LIMITS B FIDELITY BOND 406CG5173 08/04/02 08/04/05 $100,000 FIDELITY BOND EMPL DISHONESTY $1,000 DEDUCTIBLE A BUSINESS INCOME BINDER #2518 10/26/04 10/26/05 $250,000 LIMIT & EXTRA EXPENSE 0 0 POLICY NUMBER: BINDER #2518 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO ATTN: CITY CLERK'S OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 CERTIFICATE HOLDER IS ADDTIONAL INSURED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Service Office, Inc., 1984 0 AGENDA REPORT TO: David F. Adams, City Manager FROM: Michael Cantor, Senior Management Analyst 0 7/19/2005 1_ ; SUBJECT: Consideration of Personal Services Agreement for Administration of Overnight Parking Permit Program in Capistrano Villas I, II, III with Webb Community Management, Inc. By motion, approve the two-year Personal Services Agreement with Webb Community Management, Inc. for administration of the overnight parking permit program at the Capistrano Villas I, II, III in the amount of $43,452 from July 1, 2005, June 30, 2007. SITUATION: In 1994, the Capistrano Villas Overnight Parking Permit Program was instituted and administrated in-house by the City until 1996. Since 1996 the City has contracted with Webb Community Management, Inc. (Webb) to administrate the program. In 2000, Capistrano Villas I joined Capistrano Villas II and III bringing the total participation in the program to 799 residential units. Webb is responsible for issuance of all overnight parking permits for Capistrano Villas I, II and III. Annual permits are renewed each year in August and the permit year is from September 1 to August 31 of each year. The cost of an annual permit is $15. Permit decals are issued to a specific vehicle and are adhered to the inside lower left portion of the driver's side front windshield. A different colored permit is issued each year. The overnight parking prohibition is 3:00 a.m. to 6:00 a.m., daily. In addition to Orange County Sheriffs Department, supplemental enforcement is provided under a separate agreement by Securtec District Patrol, Inc. REVIEW AND RECOMMENDATIONS: Not applicable. Agenda Report Page 2 July 19, 2005 FINANCIAL CONSIDERATIONS: This is the first year of a two year contract. Funds in the amount of $21,726 have been allocated in the fiscal year budget 2005-2006 for Webb to provide service from July 1, 2005 to June 30, 2006. Funds will be allocated in the second year of the contract for fiscal year budget 2006-2007. The next two year's costs reflect a 2% increase over the previous year's contract based on increased general operational costs. NOTIFICATION: Webb Community Management, Inc. RECOMMENDATION: By motion, approve the two-year Personal Services Agreement with Webb Community Management, Inc. for administration of the overnight parking permit program at the Capistrano Villas 1, 11, Ili in the amount of $43,452 from July 1, 2005, June 30, 2007. Michael Cantor Senior Management Analyst Attachment: 1. Personal Services Agreement 9 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Webb Community Management, Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to administrate the overnight permit parking program in the Capistrano Villas 1, II and 111; 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 Consultant shall consist of those tasks as set Perth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This is a two-year Agreement and shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for exceed Forty -Three Thousand Four Hundred Fifty -Two Dollars forth in Exhibit "B," attached and incorporated herein by reference. Webb psa 05.doc this Project shall not ($43.452.00), as set Page I of ATTACHMENT 1 0 0 3.2 Rate Schedule. The services shall be billed to the City at the monthly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly progress payments based on approved invoices in accordance with Exhibit "B." For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section S. Limitations Upon Subcontractina and Assianment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for 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 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. Webb psa 05.doc Page 2 of 7 0 0 Section 6. Changes to Scope of 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 Consultants fees. Section 7. Familiarity with Work. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the location, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform 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. 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 Consultants professional services. Webb psa 05.doc Page 3 of 7 Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials 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 damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractor$ in carrying out its obligations under this Agreement. 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 13. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 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. 13.2 Comprehensive Automobile Liability. The service provided by the Consultant does not require Comprehensive Automobile Liability. On December 2, 2003, the City Council approved deletion of this section. Webb psa 05.doc Page 4 of 7 0 0 13.3 Workers Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's t.iability Insurance in the statutory amount as required by state law. 13.4 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 to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. Termination. City and Consultant 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 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. Webb psa 05.doc Page 5 of 7 9 0 Section 15. 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: Michael Cantor, Senior Management Analyst To Consultant: Webb Community Management, Inc. 960 Calle Amanecer San Clemente, CA 92673 Attn: Peggy Webb, Vice President Section 16. 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 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Webb psa 05.doc Page 6 of 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 9!��= John R. Shaw, Mity Attorney CITY OF SAN JUAN CAPISTRANO IN Wyatt Hart, Mayor CONSULTAN B _ Pe President Webb psa 05 Page 7 of 7 0 EXHIBIT "A" is Project Overview and Scope of Work 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: Liaison for the Program: a. Assign an experienced administrator and support staff b. Office hours Monday -Friday, 8:00 a.m. to 4:30 p -m. (closed for lunch 12:00 p.m. to 1:00 p.m.) - Reply to telephone, City, and resident inquiries - Establish regular in-house sticker issuance hours - Provide toll free telephone number (800) 498.1129 C. Liaison with homeowners and tenants for Program administration d_ Liaison with City staff, the Orange County Sheriffs Department, parking enforcement, and other City4dentified contacts relating to the Program e. Respond to Program telephone and correspondence inquiries f. Schedule two 2 -hour and one 3 -hour sessions for annual renewal of permits at the Capistrano Villas g. Provide bilingual administrative assistance h. Prompt, efficient reply and service - Knowledgeable, friendly administration 2. Establish and maintain a computer permit information database including: a. New accounts set-up, move in, move out b. Current owner/renter history C. Permit issuance history d. Track appeal application history 3. Program Supplies: a. Standard # 10 mailing envelopes and labels for individual Program mail b. Return address envelope for one annual renewal notice to owners and renters of record C. Lamination materials for individual guest passes 4. Mailings: a. Prepare, edit and distribute one annual (2 page double -sided English/Spanish) renewal notice b. Prepare, edit and distribute one annual renewal reminder C. Prepare, edit and distribute other notices as requested by the City Exhibit A&B.doc pagc 1 of 3 0 0 5. NSF: a. Issue City -requested notice for checks returned for non -sufficient funds 6. General Administration: a. Ensure the ongoing and future success of the Program by providing comprehensive, professional administration b. Issue annual renewal notice and information to owners and renters of record 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 applying for a parking appeal application(s) g. Maintain all Program records and correspondence and store as needed h. Meet with City staff as needed to discuss Program operations i. Provide Program billing statements to individuals for designated permits j. Collect all fees associated with permit Program and submit collected fees to City 7. Provide the following to the City: a. Weekly Sticker Status Report b. Monthly data report that shall include Total Permits Issued and Active, Appeals, Visitor Passes and Revenue Collected/Deposited. C. Correspondence from public that requires a City response d. Copies of the annual renewal notifications sent on behalf of the Program Exhibit A&B.doc page 2 of 3 EXHIBIT "B" Compensation and Payment The City agrees to pay Webb Community Management, Inc. $43,452.00 for all services performed for the two-year term of the agreement. Additional compensation is listed below for special services and or meetings. 2. Consultant shall submit monthly invoices of $1810.50 for services. 3. The City shall make payments within 14 days of receipt of Consultants bill. 4. Payments shall be made to Webb Community Management, Inc. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Forty-three Thousand Four Hundred Fifty -Two Dollars ($43,452.00). Additional Compensation Services 1. Parking Permit Stickers shall be billed to City at cost and shall not be included in the cost of this agreement. 2. City shall supply City Stationery as needed for renewals and special mailing$. 3. City shall provide photocopies for annual renewal notice mailing and Permit Parking Program Rules. Non-Recumno Expenses If special services and or meetings are requested, and those services are not specifically within the scope of this Agreement as stated above, compensation to WEBB Community Management, Inc. shall be based on a rate for services rendered in % hour increments as follows: CLASSIFICATION BILLING RATE Administrative, Clerical and Associate Managers Community Managers Senior Community Managers Supervising Account Managers Principal and Consulting Property Managers Mileage $ 45.00/hr $ 55.00/hr $ 75.00/hr $100.00/hr $125.00/hr $ 0.33/mi Exhibit A&B.doc page 3 of 3 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuaneopistrano.org July 20, 2005 Jwa4, A[AANAAIFA • FsuuuAm � 196I 1776 " Webb Community Management, Inc. 960 Calle Amanecer San Clemente, CA 92673 Attention: Peggy Webb, Vice President Dear Ms. Webb: MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council approved a two year agreement with Webb Community Management concerning overnight parking at the Capistrano Villas I, II, and III, on July 19, 2005. A fully executed, original Personal Services Agreement is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Michael Cantor, Senior Management Analyst (949) 234-4565. Thank you, Meg M,gpa cc: \,-peidhael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future •^� P.in,nrl nn ,an.rlcA nvnnr 32400 PASEO ADELANTO s a A MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO, CA 92675 � (949) 493-1171 ,/,(i I IA[OAIOAAitO SAM ALLEVATO DIANE BATHGATE (949) 493-1053 FAX jA fS1AAlISXEA I IBBI )WATT HART www.sanjuancapistrano.org JOE SOTO • • DAVID M. SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 19, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Administration of Overnight Parking Permit Program in Capistrano Villas 1,11, III with Webb Community Management, Inc." — Item No. D18. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 18, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 487-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasesanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Webb Community Management, Inc.; Michael Cantor, Senior Management Analyst Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recwled oa0er