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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