05-0719_WEBB COMMUNITY MANAGEMENT, INC._Personal Services Agreement 0 •
• CITY CLERK'S DEPARTMENT-ACTION REMINDER
is15�L�
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:
DATE SIGNED: �2
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/07
Deadline Date: 06/30/07
(600.30Avebb)
•
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,
11 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. Scone 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.doc Page t 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 Consultants 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 Consultants 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 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
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 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.
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 subcontractors 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 Panting 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
• •
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 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 CancellationITermination 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.doe 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 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 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 Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
rhatter thereof.
Webb psa 05.doc Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Wyatt rrt, Mayor
CONSULTANT —�
B - —
Pe President
ATTEST:
ar aret R. Monahan, City Clerk
PROVED AS TO FORM:
John R. Shaw, 6ty 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:
1. 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 Sheriff's 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.dm page 1 of 3
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.dm page 2 of 3
EXHIBIT "B"
Compensation and Payment
1. 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 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-Recorrina 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 $ 45.00/hr
Community Managers $ 55.00/hr
Senior Community Managers $ 75.00/hr
Supervising Account Managers $100.00/hr
Principal and Consulting Property Managers $125.00/hr
Mileage $ 0.33/mi
Exhibit A&B.doc page 3 of 3
I . SG
L
THOLDER COPY
STATE P.O. BOX 847,,SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE CA
FUND CERTIFICAIttOMIPW COMPENSATION INSURANCE
ISSUE DATE: 05-01-2005 25 t}s 1 LI
POLICY NUMBER: 1381955-2005
CERTIFICATE ID: 3
��jy CLERK CERTIFICATE EXPIRES: 05-01-2006
u ppN C LFRYI ANO 05-01-2005/05-01-2006
CITY OF SAN JUAN C�l�'0PNI0 SG JOB: ALL CALIFORNIA OPERATIONS
CITY CLERKS OFFICE
32400 PASEO AOELANTO
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 10days' 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 beissuedor 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 LIABILITYLIMITINCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
EMPLOYER
LEGAL NAME
WEBB COMMUNITY MANAGEMENT, INC. WEBB COMMUNITY MANAGEMENT,INC.
960 CALLE AMANECER
SAN CLEMENTE CA 92673
IREV.3-03) PRINTED: 04/15/2005 P0408
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 / ILV� �lQU1
(949)493.1171 ,ty EVATO
DiANE
(949)493.1053 FAX • fJ InWRPaMIU DIANE BATHGATE
(56X[0 I IBBI WYATT HART
w
wwsanjuancapistrano.org 17)]]( JOE 5070
DAVID M.SWERDLIN
April 15, 2005
Webb Community Management
960 Calle Amanecer
San Clemente, CA 92673
RE: Compliance with Insurance Requirements — Overnight Parking Program
The following insurance document is due to expire:
✓ Workers Compensation Certificate 05/01/2005
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
expir ' n date. If yo ave any questions, please contact me at (949) 443-6309.
S, c
e
Administr a Secretary
cc: n Schander[,-Ad nt`
San Juan Capistrano: Preserving the Past to Enhance the Future
C�Printed an recycba paper
look Ank
i1/ o 'ACORDe CERTIFICA OF LIABILITY'1NSSURAE 104/ a
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 COMPANY
WEBB COMMUNITY MANAGEMENT B ST PAUL FIRE &MARINE INS. CO
COMPANY
960 Calle Amanecer C
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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DDNY) DATE(MMMDNY)
A GENERALLIABILITY BINDER#2518 10/26/04 10/26/05 GENERAL AGGREGATE IS 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 2,000.000
CLAIMS MADE 1XI OCCUR PERSONAL&ADV INJURY $ 1 OOO OOO
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 11000,000
FIRE DAMAGE(Any one fire) $ 300,000
MED EXP(Any we person) $ 10,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Pere ddent) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WC STATU- OTH-
WORKERS COMPENSATION AND j RST R
EMPLOYERS'LIABILITY EL EACH ACCIDENT $
THE PROPRI ETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFEXCL EL DISEASE-EA EMPLOYEE $
FICERS ARE:
A OTHER
BUSINESS PERSONAL BINDER#2518 10/26/04 10/26/05 $225,000 SPECIAL FORM RC
PROPERTY $500 DEDUCTIBLE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES PECIAL 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
CERT
OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN: CITY CLERK'S OFFICE 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE
32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI
SAN JUAN CAPISTRANO,CA 92675
OF ANY KIND UPON THE COMPANY, ITS AGENTS Ofl flEPRESENTAT)
AUTHORIZED REPRESENTATIVE
002518
ACORD 25-S(1/95)" - ®ACORD CORPORATION 1988
j — -
CE 'fFICATE OF INSURAO;E
- (Continuations)
002518 BJA
INSURED: WEBB COMMUNITY MANAGEMENT
OTHER COVERAGES -(Continued):
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE 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
POLICY NUMBER: BINDER 518 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 ll) 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
• 7/19/2005
D18
AGENDA REPORT
TO: David F. Adams, City Manager
FROM: Michael Cantor, Senior Management Analyst
SUBJECT: Consideration of Personal Services Agreement for Administration of
Overnight Parking Permit Program in Capistrano Villas I, 11, III with 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 I, 11, 111 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 11 and 111 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 I, II, Ill in the amount of$43,452 from July 1, 2005, June 30, 2007.
Respectfully submitted,
Michael Cantor
Senior Management Analyst
Attachment:
1. Personal Services Agreement
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 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.doc Page 1 of 7
ATTACHMENT
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 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
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.
Tirne 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.
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 subcontractors in carrying out its
obligations under this Agreement.
City shall defend, hold harmless and indemnity 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 occurrenceinot 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
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 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.
13.6 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 Terns 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 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.
CITY OF SAN JUAN CAPISTRANO
By:
Wyatt Hart, Mayor
CONSULTAN
B - -
Pe President
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw, t1ty 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:
1. 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.(be page I of 3
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&BAoc page 2 of 3
EXHIBIT "B"
Compensation and Payment
1. 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 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 $45.00/hr
Community Managers $ 55.00/hr
Senior Community Managers $ 75.00/hr
Supervising Account Managers $100.00/hr
Principal and Consulting Property Managers $125.00/hr
Mileage $ 0.33/mi
Exhibit A&B.doc page 3 of 3
32400 PASEO ADELANTO �� I JMEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 /
SAM LEVATO
(949)4931171 /,ps DIANE BATHIG
(949)493-1053 FAX LJ In[GXveAXIEo DIANE BATHGATE
fSiXILISXfX I, )96� WYATT HART
www.sanjuancapistrano.org 1776 JOE SOTO
• • DAVID M.SWERDLIN
July 20, 2005
Webb Community Management, Inc.
960 Calle Amanecer
San Clemente, CA 92673
Attention: Peggy Webb, Vice President
Dear Ms. Webb:
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, V �
Meg Mtn, CMC
City lerk
cc: ael Cantor, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675
(949)493.1171 SAM ALLEVATo
(949)493.1053 FAx }y lu[OIPeAAtEU DIANE BATHGATE
wwwl psan uanca istrano.og r nrAulsela 1961 WYATT HART
1776 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.orq. 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(
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
��.� Printed on recycled Pacer