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1995-0815_PACIFIC NIEGHBORHOOD TELECENTERS_AgreementAGREEMENT THIS AGREEMENT is made and entered into this day of 1 975 by and between the City of San Juan Capistrano, hereinafter referred to as "City," and Charles R. Hauswirth, dba Pacific Neighborhood Telecenters, hereinafter referred to as "Operator," for purposes of establishing a neighborhood -based telecommuting center, to be named "San Juan Capistrano TeleBusiness Center." WITNESSETH: WHEREAS, in order to improve air quality, reduce traffic congestion, encourage the growth of small businesses, enhance local employment opportunities, and provide valuable services to public and private sector organizations, City has been working with the Orange County Transportation Authority (OCTA) and Operator to establish a telecommuting center in San Juan Capistrano; and WHEREAS, City requires professional consulting services to establish and operate a telecommuting center; and WHEREAS, Operator represents that it/he is duly qualified to provide said service; and, WHEREAS, City desires that the telecommuting center be privately operated and located in a suitable building in San Juan Capistrano; and, WHEREAS, City has approved the OCTA Master Funding Agreement for Measure M Funds. A portion will be used to subsidize the operations of the telecommuting center for one year; and, WHEREAS, Operator is willing to operate for a period of not less than one (1) year the San Juan Capistrano TeleBusiness Center, based on the City's pass-through of certain funds granted by OCTA. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Operator hereby agree as follows: The considerations of work on the project shall be governed by the conditions contained herein. In general, the tasks delineated herein are to be performed with minimum direction and assistance from City per the scope of work outlined in Exhibit A. 9 f All work performed by Operator to establish, operate and market the San Juan Capistrano TeleBusiness Center, however, shall be subject to review and approval of City Manager or his designee at all times. It shall be a condition for the benefit of all parties to this Agreement that the OCTA Master Funding Agreement for all City Measure M projects shall be in full force and effect prior to the pass through of any funds under this Agreement. If the OCTA Contract is not executed, either party to this Agreement shall have the right to terminate this Agreement by notice to the other parties. This Agreement shall be for one (1) year with a one (1) year renewable option which can be terminated by either party with thirty (30) days written notice. Operator herewith submits proposed floor plans for the telecommuting center, to be named the "San Juan Capistrano TeleBusiness Center," to the City. Operator shall prepare and submit to the City the following documents: a. floor plans for the TeleBusiness Center (the "Plans" as Exhibit B); and b. a detailed list of the furnishings, fixtures and equipment to be purchased or leased by Operator for the TeleBusiness Center (the "FF&E List" as Exhibit C); and C. a budget for the construction, furnishing, fixturing and equipping of the TeleBusiness Center based on the Plans and the FF&E List as Exhibit D. 1. City Contribution to Cost. Subject to the conditions set forth below, City shall pass through to the Operator funds provided by the OCTA Contract in an amount not to exceed $62,739.00 for operation of a TeleBusiness Center and reimbursement of all tenant improvements and furnishing costs. 2. Conditions to Reimbursement. City's obligation to pass through funds to the Operator for tenant improvements, furnishing costs, and operating costs shall be subject to the following conditions precedent: a. Insurance. Operator has delivered to the City evidence of the insurance r 0 required pursuant to Article 10, below; and b. Inapection City has inspected and approved the tenant improvements and/or furnishing for which Operator seeks reimbursement; and C. Invoice and Proof of payment. Operator shall submit invoices to the City Manager for reimbursement with such documentation as the City Manager may reasonably require to verify that Operator has paid the contractors or suppliers for such tenant improvements or furnishings, or can provide evidence of operating costs expended; and d. Receipt of Grant Funds. City has received sufficient grant fimds under the OCTA Contract to make the reimbursement; and e. No Default. Operator shall not be in default under this Agreement, and no event shall have occurred which, with the giving of notice or the passage of time or both, would be a default by Operator under this Agreement; and, f.City's Administrative ost% The City's Administrative costs for management of this contract shall be fully reimbursed at a stipulated rate of 5% of contract expenditures. These costs shall be withheld at the time of reimbursement or later, at the discretion of the City. 1. Plan and Budget. Not later than thirty (30) days after the date of City Council approval of this Agreement, Operator shall prepare and submit to the City Manager for approval a marketing plan (the "Marketing Plan") and budget (the "Marketing Budget") for the TeleBusiness Center, 2. Obligation of Operator. Operator shall implement the Marketing Plan once it has been approved, and OCTA Contract has been executed and tenant improvements for the TeleBusiness Center are in process. I . Obligation of Operator Not later than October 1, 1995, or such later date as may be approved in writing by the City Manager, Operator shall open the TeleBusiness Center for business and shall thereafter diligently and continuously operate it for a period of not less than one (1) year. Operation of the TeleBusiness Center shall be performed in all manners and respects such that it satisfies all of City's obligations set forth in OCTA Contract. Accordingly, City hereby assigns such obligations to Operator, and Operator hereby assumes said obligations for the benefit of City. 2. Hours of Operation. The TeleBusiness center shall be open for business and staffed by the TeleBusiness Center Administrator during normal business hours in the community. 3 Additionally, the TeleBusiness Center Administrator may elect to provide telecommuters with access to their Work Stations twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, provided, however, after-hours access may be subject to reasonable controls. SECTION 8. REPORTING AND EVALUATION. Operator acknowledges and agrees that the reporting and evaluation obligations of City under the OCTA Contract are of particular importance to City. Accordingly, City hereby assigns said obligations to Operator, Operator hereby assumes said obligations, and Operator further agrees to perform said obligations in strict compliance with the terms and conditions of the OCTA Contract. In addition to submitting to OCTA in a timely manner all of the reports required under the OCTA Contract, Operator shall deliver copies thereof to City contemporaneously. SECTION 9. INDEMNITY. Operator shall be responsible for all injuries to persons and for damages to real or personal property of City, caused by or resulting from any activity or operation of Operator, its employees or its agents during the progress of or connected with the rendition of services hereunder. Operator shall defend and hold harmless and indemnify City and all officers and employees of the City from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. SECTION 10, INSURANCE REQUIREMENTS, 1. Comprehensive General Liability Operator shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $500,000 property damage; $500,000 injury to one personiany one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability- Operator shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $300,000 package coverage including bodily injury, property damage and uninsured motorist. 4 0 0 3. Worker's Compensation, If Operator employs employees to perform services under this Agreement, Operator shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4. Insurance Obligations Under OCTA Contract City hereby assigns to Operator, and Operator hereby assumes for the benefit of City, all of the indemnity and insurance obligations of City under the OCTA Contract. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Prior to beginning work, Operator shall provide to City certificates of insurance establishing that the required insurance coverages have been secured by Operator. Operator shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. Operator shall submit proof of insurance requirements under this Agreement to the City Clerk's office prior to beginning any work under this Agreement. Operator shall not receive any compensation until all insurance provisions have been satisfied. 1. Event of Default by Orator. The failure by Operator to perform any obligation under this Agreement, if such failure is not cured within fifteen (15) days after written notice from City, shall constitute a default by Operator under this Agreement. 2. Remedies Upon Default. In the event of a default by Operator under this Agreement, in addition to any remedies provided by law or equity, City may terminate this Agreement by notice to the other party. In the event of such a termination, any rights or remedies for the default available to an aggrieved party by law or equity shall survive. 3. Cumulative Remedies- No Waiver. The rights and remedies under this Agreement are cumulative and in addition to all rights and remedies provided by law and/or equity from time to time. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice City in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Agreement shall be construed as a waiver of any subsequent breach of the same provision. The consent to or 5 0 0 approval of any act by Operator requiring further consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act. City acceptance of the late performance of any obligation shall not constitute a wavier by City of the right to require prompt performance of all firrther obligations. City acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of City's right to proceed with the exercise of its remedies for any unfulfilled obligations; and City acceptance of any partial performance shall not constitute a waiver by City of any rights relating to the unfulfilled portion of the applicable obligation. I. Obligations Unconditional and In@gp nd n Notwithstanding the existence at any time of any obligation or liability of City to Operator or any other claim by Operator against City, Operator hereby waives any right it might otherwise have (a) to offset such obligation, liability or claim against Operator's obligations under this Agreement, or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Operator of any of its obligations under this Agreement. 2. Notices, All notices, demands, approvals and other communications provided for in this Agreement shall be in writing and be delivered to the appropriate party by personal service or U.S. Mail at its address as follows: If to Operator: Mr. Charles R. Hauswirth dba Pacific Neighborhood Telecenters 26611 Paseo Durango, #200 San Juan Capistrano, CA 92675 If to City: Mr. George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Addresses for notice may be changed from time to time by written notice to all other parties. All notices personally served shall be effective when actually received. All notices mailed shall be effective two (2) days after deposit in the U.S. Mail, postage prepaid. The foregoing notwithstanding, the nonreceipt of any notice as the result of a change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such notice. 3. B'n ing Effect;Agsignment of OMga ionc This Agreement shall bind, and shall inure to the benefit of City and Operator and their respective successors and assigns. Operator shall not assign any of its rights or obligations under this Agreement without the prior written consent of the City Manager, which consent may be withheld in the City Manager's sole and absolute discretion. Any such assignment without such consent shall be void. 0 4. o m %arty This Agreement may be executed in counterparts, each of which, taken together, shall be deemed to be one and the same document. 5. Prior Agreements- Amendments' Consents This Agreement contains the entire agreement between City and Operator with respect to the TeleBusiness Center, and all prior negotiations, understandings and agreements are superseded by this Agreement. No modifications of this Agreement (including waivers of rights and conditions) shall be effective unless in writing and signed by the party against whom enforcement of such modification is sought, and then only in the specific instance and for the specific purpose given. 6. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Operator irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Orange or the United States District Court of the Central District of California, as City may deem appropriate, or, if required, the Municipal Court of the State of California for the County of Orange, in connection with any legal action or proceeding arising out of or relating to this Agreement. Assuming proper service of process, Operator also waives any objection regarding personal or in rem jurisdiction or venue. 7. Severability of Provisions. No provision of this Agreement that is held to be unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of this Agreement are hereby declared to be severable. 8. Headings. Article and section headings are included in this Agreement for convenience of reference only and shall not be used in construing this Agreement. 9. Time of the Essence. Time is of the essence of this Agreement. 10. Conflict ._ of Interest. No member, official or employee of City shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to this Agreement which is prohibited by law. 11. W mty Against Payment of Consideration. Operator warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. 12. Non -liability of City Officials and E=lo_vees. No member, official or employee of City shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Operator or successor, or on any obligation under the terms of this Agreement. 13. Directors Nutborized to Execute Documents The City Manager is authorized to 0 0 execute on behalf of the City any and all documents or instruments necessary or desirable to implement this Agreement. The City Manager is further authorized to modify or waive any conditions set forth in this Agreement for the benefit of City. 14. A orn y' c�F es. If any party to this Agreement resorts to a legal action to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expenses and court costs in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: &4� >�7 , Carolyn NaV, Mayor SAN JUAN CAPISTRANO TELEBUSINESS CENTER By:Cy, Chuck Hauswirth, President ATTEST: Cheryl J— o�hnso , City Clerk APPROVED AS TO FORM: a,/ aj6A - Ri hard K. Denhalter, City Attorney J', Ii �99r 0 0 Exhibit A Scope Of Work Transportation Control Measures Program Project Description Description: The proposed telecenter would serve as an office facility where employees of diverse companies could go to perform their normal work duties in a professional working environment. The completed center would provide area residents with office space, computers, telephones, a fax machine, and a copier. By providing these services close to home, many commuters would be able to avoid long trips along busy arterials and freeways. The completed center will be located in the Ortega Business Park, which is easily accessible by transit and non -motorized transportation. Nearby amenities such as restaurants and professional services will minimize the need for an automobile to conduct business during the work day. 0 San Juan Capistrano TeleBusiness Center PRIVATE OFFICES MODULAR CUBICLES WORKSTATIONS Videoconferencing Capability (Including Private Conference Room) Pacific Bell Centrex Phone System ISDN Phone/Data/Video Lines On -Site Support Person Photocopy & Fax Machines Ample Free Parking On -Site Training Available Rideshare Credit To Employers OPENING SOON (Reservations now being taken) For Information call: (714) 496-4925 Ortega Business Center Ortega Highway at the 5 Freeway 0 Exhibit B -- Floorplan at Final Build -Out • 0 SAN JUAN CAPISTRANO TELEBUSINESS CENTER Capital Budget -- Office Build -Out -- Phase 1 TOTAL CAPITAL REQUIREMENTS — PHASE 1 $31,4A0 Exhibit C Number Unit Total Costs of Office Furniture: of Units Cost Cost Furniture for offices & cubicles: Chairs for Private offices 7 var. $1,300 Furniture for reception area: Chair, Desk and Files 1 ea. var. $525 Pictures & Plants var. $275 Sub -total $800 Furniture for Video/Conference room: Table 1 $300 $300 Chairs 4 $150 $600 Credenza 1 $200 $200 Sub -total $1,100 Furniture for break area: Table 1 $100 $100 Chairs 6 $50 $300 Sub -total $400 TOTAL OFFICE FURNITURE COSTS $3,600 MODULAR PARTITIONS PER FLOOR PLAN $16,700 TELEPHONE SYSTEM (Incl. installation) $3,700 OFFICE EQUIPMENT: Computers (2) $3,000 Fax machine, copier, printers $3,800 Microwave, refrigerator, Coffee machine $600 $7,400 TOTAL CAPITAL REQUIREMENTS — PHASE 1 $31,4A0 Exhibit C 0 N 1O m • O O C E 'L^ V N Lu {� r 4 Z LV U Q c � CO) CO) a� a FL z � U y E z m J as � � 7 W R Z F" ui 0 d d. 0 N 1O m • O O X03 E N 100 tl1 1� O � 10 N 01 a0 � v Oi [O 1A 0) 10 O N O O O C & e g g O � t P 0 0 0 0IS. 0 0 0 0 0 0 u) f.. 1- 0 v <6ri ri m � m O 0 e OO a O M .-1 O �oo�a ooa 0 SUR X03 E R tl1 1� b tf1 1� M O f7 C7 10 N 01 a0 � v Oi [O 1A 0) 10 O N N 1'- N t7 r --em » » m v o c3 2 E o a 8 m CL E=;E r -X E 4 n m 'E '�P �' w lE0 O W 0a N N C 7 = yy N G U Of O 0 a` E U m a Ui 2 H 0 0 00 E o o m m > O w C N � E m m E J daa°i Q 0EHaa> x y m H r m O v- m o Q E c E m @. v Z._ 3 Q p D N c0 y C r m r 2 G N 'p a y t0 a d a` a 0 in in .cc v� O in clog 7 L�PRIMARY 2 RsuRn"cr �T' xchange or Company shown on the reverse , as number El (eX cess `�ess over Primary with Company shown on re Se side as number RsuRn"cel This certificate supersedes any previously issued certificate. THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. CHARLES R. HAUSWIRTH Named DBA: PACIFIC NEIGHBORHOOD TELECENTERS--� Insured 26611 PASEO DURANGO #200 Excess Policy orCertifcateN9 00 Agent Address SAN JUAN CAPISTRANO, CA 92675 97 07 1503 yN 0Policy Number We certify that policies for the above Named Insured are in force as follows: Effective from: 4-5-95 to: at which time this certificate becomes ❑ VOID or ® continuous until COMMERCIAL GENERAL LIABILITY COVERAGE COMBINED PRIMARY & EXCESS LIMITS OF INSURANCE COVERED NOT COVERED GENERAL AGGREGATE LIMIT (Other AUTO and/or GARAGE LIABILITY COVERAGE ❑ DEALERS (Plan 1) ❑ NON -DEALERS (Plan II) COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE KI ElPREMISES/OPERATIONS Than Products -Completed Operations) $ 2,000,000 ❑ ® Owned ® ❑ PRODUCTS -COMPLETED PRODUCTS -COMPLETED OPERATIONS ❑ [9 Hired Property Damage $ OPERATIONS AGGREGATE LIMIT $ 2,000,000 $ ,000 PERSONAL & ADVERTISING INJURY LIMIT$ �U__ Single Limit Liability for Coverages checked ® above. EACH OCCURRENCE LIMIT $ 1,000,000 FIRE DAMAGE LIMIT $ 50,000 ANY ONE FIRE MEDICAL EXPENSE LIMIT $ 5.000 ANY ONE PERSON WORKERS' COMPENSATION EMPLOYER'S LIABILITY INSURANCE LIMITS COVERED NOT COVERED BODILY INJURY BY ACCIDENT $ each Accident ❑ L3 STATUTORY BODILY INJURY BY ACCIDENT $ each Employee COVERED NOT COVERED $ 000 each Vehicle ❑ [21 Cargo $ 000 each occurrence Described Description OWNED ❑ below ❑ waived AUTOS YEAR, MAKE. TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER IF COVERED UMBRELLA LIABILITY Umbrella Liability $ 000 retained limit POLICY NUMBER $ ,000 each occurrence $ 000 aggregate Upon cancellation or termination of this policy or policies from any cause we will mail 60 days written notice to the other interest shown below. Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name CITY OF SAN JUAN CAPISTRANO and 32400 PASEO ADELANTO Address SAN JUAN CAPISTRANO CA 92675 w A -(TA )C4WL�1 Countersigned by Authored Representative OHIO Only: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. o 565261 1ST EDITION 4.96 (Over) EF95 1451 BODILY INJURY BY ACCIDENT $ Policy Limit AUTO and/or GARAGE LIABILITY COVERAGE ❑ DEALERS (Plan 1) ❑ NON -DEALERS (Plan II) COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE COVERED NOT COVERED Bodily Injury $ 000 each person ❑ ® Owned $ 000 each Accident ❑ [9 Hired Property Damage $ 000 each Accident ❑ E?l Non -Owned Aggregate Limit $ ,000 (Garage Plan Only) Single Limit Liability for Coverages checked ® above. $ 000 each Accident COVERED NOT COVERED $ 000 each Vehicle ❑ [21 Cargo $ 000 each occurrence Described Description OWNED ❑ below ❑ waived AUTOS YEAR, MAKE. TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER IF COVERED UMBRELLA LIABILITY Umbrella Liability $ 000 retained limit POLICY NUMBER $ ,000 each occurrence $ 000 aggregate Upon cancellation or termination of this policy or policies from any cause we will mail 60 days written notice to the other interest shown below. Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name CITY OF SAN JUAN CAPISTRANO and 32400 PASEO ADELANTO Address SAN JUAN CAPISTRANO CA 92675 w A -(TA )C4WL�1 Countersigned by Authored Representative OHIO Only: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. o 565261 1ST EDITION 4.96 (Over) EF95 1451 POLICY NUMBER 15030 00 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO (If no entry appears above. information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) 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 work' for that insured by or for you. N CG 20 t0 ii 85 Copyright insurance Services Office Inc, 1984 MEMORAN TO: FROM: DATE: SUBJECT: E Cheryl Johnson, City Clerk Cassandra Walker, Community Development Administrator Dawn M. Schanderl, Deputy City Clerk April 11, 1995 Received two interim general liability certificates of insurance. One naming the City of San Juan Capistrano as certificate holder, the other naming the Orange County Transportation Authority as certificate holder. I spoke to Doug Stark, insurance agent, and stated that a permanent certificate and liability endorsement form will be sent to us in approximately one month. Chuckie sent a letter to the City stating he did not have any employees. The City received a statement from Safeco, the agent for the automobile liability insurance, listing the City as an additional insured. I was having trouble getting them to issue a certificate of insurance. Richared reviewed the statement and Connie Day said it would be acceptable. I have attached with Cheryl's memo copies of all insurance. Cheryl please contract Chuck Hauswirth at 496-4925 when the agreements and letter for the County are ready. He will stop by and pick up. Thank you. cc: Copy to File P SMECO SAFECO INSURANCE COMPANIES CUSTOMER SERVICE DEPARTMENT PO BOX 25150 SANTA ANA. CA 92799-5150 AUTO Policy# A2902938 9 TELEPHONE 1-800-437.3682 CERTIFICATE OF INSURANCE This attests that the auto policy described has been issued as follows: SAFECO INSURANCE COMPANY OF AMERICA Start date of policy:05-14-86 Date 04-06-95 Name and address of insureds: CHARLES & AGNES HAUSWIRTH 26611 PASEO DURANGO SAN JUAN CAPISTRANO CA 92675 Agent: Acacia Associates Insurance Services Inc. Agent Phone: 800-437-3682 Veh premium $ 291.00 Veh# 1 67 CHEW CAMARO Liability: PACKAGED COVERAGE 300 30DILY INJURY & PROPERTY DAMAGE ;JNINSURED MTRST 100/100 Total premium $ 771.50 VIN 124677UO1572 Physical damage: • COMPREHENSIVE 250 • COLLISION 200 • LOU 1e/DAY • WAIVER OF COLL Y This policy is continuous and is atuomatically renewed upon payment of the required premium. Ten days written notice will be given to the addlitional interest in the event the policy is lapsed or cancelled. Additional Interest: CITY OF SAN JUAN CAPISTRANO ATTN CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPIS RANO CA 92675 Authorized representative Cp6T INTpMaI 1UMMCE CONpMIY OE a»MIG' ays��Gce,rTmw� wwEooww:r iFPEG'aJ O CE amp 61 OFN aMNYFO � 2'd MSd S33IAd3S iH3I-13 WH20:OT S6, ST Jdh 0 FAX MESSAGE Pacific Neighborhood TeleCenters (714) 496-4925 Page 1 of 1 March 7, 1995 To: Dawn Schanderl — City of San Juan Capistrano (714) 493-1053 Fr: Chuck Hauswirth -- P.N.T. (714)496-4925 Dear Dawn: By copy of this letter please be advised that it is not the intention of the San Juan Capistrano TeleBusiness Center to hire employees in the near future. When the business grows to the level of needing additional help, the City may be assured that Workers Comp insurance will be secured_ The carrier will be State Fund Company and procurement of the policy will be well in advance of any hiring. The City will be notified on a timely basis. Should you have any further questions about this or any other issues please contact me. Regards, 26611 Paseo Durango #200 San Juan Capistrano, CA 92675 Member. Telecommuting Advisory Council teleenters@ad.com r August 18, 1995 n�oounmo �awwo �� 1961 1776 Mr. Charles R. Hauswirth dba Pacific Neighborhood Telecenters 26611 Paseo Durango,#200 San Juan Capistrano, California 92675 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH DAVID SWEROUN CITY MANAGER Re: Agreements for Operation of San Juan Capistrano TeleBusiness Center Dear Mr. Hauswirth: At their meeting of August 15, 1995, the City Council of the City of San Juan Capistrano approved two agreements with you for operation of the San Juan Capistrano TeleBusiness Center. The two Agreements are effective for a one-year period, with a one-year renewable option. They provide for passing through to you funds received from Caltrans and the Orange County Transportation Authority. A fully -executed copy of each Agreement is enclosed for your records. Please contact Cassandra Walker at 443-6320 if you have any questions. Very truly yours, Cheryl ry City Clerk Enclosures cc: Sabrina Gates Schaffer (with copy of Agreement for OCTA funds) Joe Hecker (with copy of Agreement for Caltrans funds) Cassandra Walker (with copy of Agreements) Director of Administrative Services (with copy of Agreements) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 • • • • •qe�p• • .. • •••:. Uu • : • IMPAILMMMA LMWWM100101003l 1 1 As set forth in the Report dated August 15, 1995, from the City Manager, the following Resolution was adopted rescinding Resolution No. 95-6-6-5 and establishing monthly pro- ration of fees for commuter rail parking permits, which are effective for a calendar year: RESOLUTION NO. 95-8-15-1. ANNUAL, COMMiJTRR RAUr. PARKUNC. PERMIT FEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN YUAN CAPISTRANO, CALIFORNIA, PRESCRIBING THE MONTHLY PRORATION OF FEES FOR ANNUAL COMMUTER RAIL PARKING PERMITS AND RESCINDING RESOLUTION NO. 95-6-6-5 The original resolution did not allow proration of the annual permit. The revised resolution addressed the inequity which occurred because metering and sale of the permits did not occur until half -way through the year. • ; ul ►IN 181AII)• 01 WVC0181F.WKWO U kil;:►• As set forth in the Report dated August 15, 1995, two Agreements were approved between the City and Charles R Hauswirth of Pacific Neighborhood Telecenters for the operation of the San Juan Capistrano TeleBusiness Center. The Agreements authorized the receipt of funds by the City directly from both OCTA, in the amount of $62,739, and Caltrans in the amount of $25,000, for operation of the center for a period of one year, with a one-year renewable option. The City will pass the funds through to Mr. Hauswirth. The Agreements allow the City to deduct a 5% administrative fee to compensate for staff time. The Mayor was authorized to execute the Agreements on behalf of the City. Proposal: Consideration of a request by Zucker Systems, representing the Price Company, to vacate the easement located on Parcels 5 and 6 of Parcel Map 87-253 in conjunction with the PetsMart construction. The intent of the easement was to serve properties west of the railroad; however, an at -grade crossing could not be obtained, rendering the easement essentially useless. This vacation was initiated on June 20, 1995, and responses had been received requesting that the easement remain in place until access issues regarding the properties to the west of the Price Club could be resolved. This hearing was continued from the meeting of July 18, 1995, to resolve access issues regarding properties to the west of the Price Club. Cuv Council Minutes -4- 9/15/95 0 0 The Report dated August 15, 1995, from the Planning Director, advising that no new development applications were received by the City since the last report of July 18, 1995, was received and filed. As set forth in the Report dated August 15, 1995, from the Director of Engineering and Building, the plans and specifications were approved for the River Street Drainage Improvements. Staff was authorized to call for bids. Council Member Jones abstained on this item due to a possible conflict of interest resulting from the proximity of his business/residence to the project - a U Wammm Van la Coca 1 comwoelmaill r.•;4 rwm 0 [elm 11011 As set forth in the Report dated August 15, 1995, from the Director of Engineering and Building, the plans and specifications were approved for the upgrading and remodeling of the Lacouague building. Staff was authorized to call for bids. �Oi VAO IMIUM 10 41,01N zool ►rteOF81• ►l . • r 1 As set forth in the Report dated August 15, 1995, the Construction License Agreement between the City and Mr. and Mrs. Gilbert E. Jones was approved to allow the City to access and construct a minor part of the River Street Drainage Improvements on the Jones' property, Lot 55, Tract 103, within River Street. The Mayor was authorized to execute the Agreement on behalf of the City. Council Member Jones abstained. As set forth in the Report dated August 15, 1995, the Construction License Agreement between the City and Douglas and Braven Ito was approved to allow the City to access and construct a minor part of the River Street Drainage Improvements on their property, Lot 56, Tract 103, within River Street. The Mayor was authorized to execute the Agreement on behalf of the City. Council Member Jones abstained on this item due to a possible conflict of interest resulting from the proximity of his business/residence to the project. Citv Council Minutes -3- 8/15/95 AGENDA ITEM August 15, 1995 • TO: George Scarborough, City Manager FROM: Cassandra Walker, Community Development Administrator SUBJECT: Consideration of two Agreements with Mr. Charles R. Hauswirth for Operation of the San Juan Capistrano TeleBusiness Center By motion, approve the two Agreements with Mr. Charles R. Hauswirth for operation of the San Juan Capistrano TeleBusiness Center and authorize their execution. A. Summar and Recommendation - Earlier this year, the City was approached by Mr. Charles Hauswuth regarding the establishment of a telecommuting center in San Juan Capistrano. The South Coast Air Quality Management District and the Orange County Transit District are encouraging the • establishment of telecommuting centers as a way to reduce traffic congestion and provide alternative work sites closer to employees' homes. Mr. Hauswirth has pursued a variety of funding sources for establishment of a TeleBusiness Center in San Juan Capistrano. Mr. Hauswirth has obtained commitments from the Orange County Transit Authority (OCTA) and Caltrans for funding of the Telecenter. Under OCTA and Caltrans guidelines, they must contract directly with a City for allocation of the funds. The attached Agreements with Mr. Hauswirth have been structured so that the City would receive funds directly from OCTA and Caltrans for operation of the TeleBusiness Center. These funds, along with all responsibilities under the contracts, would be passed through to Mr. Hauswirth for operation of the San Juan Capistrano TeleBusiness Center for a period of one (1) year with a renewable option. Staff recommends that the City Council approve the two Agreements with Mr. Hauswirth (Attachments #1 and #2) for the operation of the San Juan Capistrano TeleBusiness Center. B. Background - In March 1995, the City Council approved a contract with OCTA for $18,351 in TCM funding and an Agreement with Mr. Hauswirth to pass through this funding for the establishment of the TeleBusiness Center. On August 1, 1995, the City Council approved the OCTA Master Funding Agreement making available an additional $62,739 in Measurement M Transportation Demand Management (TDM) funds, and the Caltrans contract which will make available $25,000 in funds for the TeleBusiness Center. The TDM and Caltrans funds are available for pass through to Mr. Hauswirth for operation of the TeleBusiness Center upon approval of the two • attached Agreements. FOR CITY COUNCIL AGEN !�I • 40 Agenda Item -2- 0 August 15, 1995 Mr. Hauswirth has negotiated a lease agreement with the Ortega Business Center for the facility, secured other commitments for equipment, and begun tenant improvements. Under the proposed Agreement, Mr. Hauswirth will establish, market, operate, and manage the San Juan Capistrano TeleBusiness Center. The funding provided under the OCTA and Caltrans contracts will be used to reimburse Mr. Hauswirth for verified expenses associated with the TeleBusiness Center. Mr. Hauswirth will assume all responsibilities and reporting requirements under the OCTA and Caltrans contracts as well. The City will not be responsible for any reimbursement of expenses if the funding is not provided by OCTA or Caltrans. This is strictly a pass-through arrangement and no City funds, other than Staff time, are being allocated to this project. Additionally, a 5% administrative fee is being deducted from the total amount of each contract to cover staff time expenses. Not Applicable. The first contract with OCTA for TCM funds in the amount of $18,351 was approved in March 1995. This funding is currently being invoiced. The OCTA Agreement with Mr. Hauswirth provides for the City to pass through an additional $62,739 in OCTA funds for the operation of the TeleBusiness Center. The Caltrans Agreement provides for the pass through of $25,000 in Caltrans funds for marketing and operation of the TeleBusiness Center. Mr. Hauswirth's expenses will be reimbursed based upon receipts of work accomplished. The City will deduct a 5% administrative fee from these funds. Copies of this Agenda Item were forwarded to OCTA, Caltrans and Mr. Charles R. Hauswirth. Approve the Agreement with Charles R Hauswirth for operation of the San Juan Capistrano TeleBusiness Center and authorize its execution. Direct Staff to modify the Agreement with Mr. Hauswirth. Request further information from Staff. 0 Agenda Item -3- August 15, 1995 • RECOMMENDATION: By motion, approve the two Agreements with Mr. Charles R. Hauswirth for operation of the San Juan Capistrano TeleBusiness Center and authorize their execution. R=tfulled, Cassandra L. Walker Community Development Administrator Attachment: 1. OCTA Pass Through Agreement with Charles R. Hauswirth 2. Caltrans Pass Through Agreement with Charles R. Hauswirth 0 San Juan CAPistrano • TeleBusiness Center PRIVATE OFFICES MODULAR CUBICLES WORKSTATIONS Videoconferencing Capability (Including Private Conference Room) Pacific Bell Centrex Phone System ISDN Phone/Data/Video Lines On -Site Support Person • Photocopy & Fax Machines Ample Free Parking On -Site Training Available Rideshare Credit To Employers OPENING SOON (Reservations now being taken) For Information call: (714) 496-4925 Ortega Business Center Ortega Highway at the 5 Freeway • 0 A Office Vide Kltehen E Office DO Office Cubicles i Exhibit B -- Floorplan at Final Build -Out SAN JUAN CAPISTRANO • TELEBUSINESS CENTER Capital Budget -- Office Build -Out — Phase 1 Exhibit C 0 Number Unit Total Costs of Office Furniture: of Units Cost Cost Furniture for offices & cubicles: Chairs for Private offices 7 var. $1,300 Furniture for reception area: Chair, Desk and Files 1 ea. var. $525 Pictures & Plants var. $275 Sub -total $800 Furniture for Video/Conference room: Table 1 $300 $300 Chairs 4 $150 $600 Credenza 1 $200 $200 Sub -total $1,100 Furniture for break area: Table 1 $100 $100 Chairs 6 $50 $300 • Subtotal $400 TOTAL OFFICE FURNITURE COSTS $3,600 MODULAR PARTITIONS PER FLOOR PLAN $16,700 TELEPHONE SYSTEM (incl. installation) $3,700 OFFICE EQUIPMENT: Computers (2) $3,000 Fax machine, copier, printers $3,800 Microwave, refrigerator, Coffee machine $600 $7,400 TOTAL CAPITAL REQUIREMENTS — PHASE 1 :31,400 Exhibit C 0 • 0 u a e » wagosLn CM i ci v s If �e 100 O a a 0 0 0 0 C 9 o 4n A c in ti ao epi W A 01 Z 0 0 3 h $8(Dco$ O 8 V c H � a C/ N f0 O f w m m 1l 10 f co A a W M • N » U Ecb�w Z m ) Q W m �a'm 02 -) W ~ Z S _ �U m._._ GS Gl U) O G J _m a , 3. E0m`0. ii�1-00 0 u a e » wagosLn CM i ci v s If �e 100 O a a 0 0 0 0 0 f 0 9 o 4n q* r-. r- c in ti ao epi 10 oNN O f A 01 0 0 3 h $8(Dco$ 8008SOb 8 CLa 3 C/ N f0 O f w m m 1l 10 f co A a E ? 8 m M 40 10 » Ecb�w E'90 to 8812`$ 8888sk8 28f3 N fpp��0 W)0 A fV eo 10 oNN O f A 01 0 0 3 h 40 m 10-- 0 0 3 2 CLa 3 E ? 8 m as E m m= K c y Ecb�w E'90 m �a'm 02 S _ �U m._._ GS Gl s= _ 3. E0m`0. ii�1-00 00 c m E o CL m m E N O E y =m E C cm E` y a i x F m N 4 CD E m S C 8 3 2E 3 c $ G g�W�s � s s Z E a c O VJ 24 m a O a < 1 i i 05 N '.1 B x U1 0 CONSIDI EC NTER Finding for Consideration of Off -Agenda Item: The Council unanimously agreed to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Written Communication: Memorandum dated August 1, 1995, from the City Manager, recommending that a Fund Transfer Agreement be approved to allow an additional $25,000 in funding from Caltrans to flow to the TeleBusiness Center, with a 5% administrative fee, for the marketing and operation of the Center. Mr. Scarborough made an oral presentation. He advised that the City would not incur any costs or staff time with the proposed Agreement but would receive 5% of the funding for administrative staff time. Council Member Campbell requested that this 5% administrative fee be included in the contract approval. Approval of Fund Transfer AQ Cement: It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that the Fund Transfer Agreement be approved to allow an additional • $25,000 in funding from Caltrans to flow to the TeleBusiness Center, including a 5% administrative fee to be paid to the City for administrative staff time, for the marketing and operation of the Center. Staff was directed to agendize a formal contract with Chuck Hauswirth of the TeleBusiness Center for approval at the August 15, 1995, Council meeting. • Written Communication: Report dated August 1, 1995, from Carole Jacklin, Council Services Administrator, forwarding the letters of resignation. 1TI It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried to accept the resignations of Maria Cedeno and Thomas Bogdanski from the Business Task Force and to declare the positions vacant. Staff was directed to prepare appropriate documents to commend Ms. Cedeno and Mr. Bogdanski for their community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position, for consideration by the City Council on August 15, 1995. Cirvv Councit Minutes -24- 911(95