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07-0301_CAPISTRANO UNIFIED SCHOOL DISTRICT_Personal Services Agreement0 • PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this and between the City of San Juan Capistrano (hereinafter referred tdi as the "City") and Capistrano Unified School District. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's request for Shuttle bus services for the "Swallow's Day Parade", 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 Attachment 1, Exhibit A and B, 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 Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than Saturday, March 24, 2007 (a7 6:OOpm. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Three Thousand Five Hundred Dollars and no Cents ($ 3,500.00 ). —1— 0 • 3.2 Rate Schedule. 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. 3.3 Method of Payment. Consultant shall submit an invoice based on total services which have been satisfactorily completed. The City will process payment based on the approved invoice in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. —2— 0 • Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed site, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. 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. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 10. 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 omission 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. Section 11. 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. —3— 11.1 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. 11.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; 11.3 Worker's Compensation. If Consultant intends to 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. 11.4 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's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 11.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) day's written notice is given to City, exceptthat ten (10) day's notice shall be given if there is a cancellation due to failure to pay a premium. • 0 11.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. Section 12. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) day's advance written notice of termination to the other party. In addition, this Agreement may be terminated for cause by providing ten (10) day's 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. Section 13. 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 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Director of Community Services To Consultant: Sherry Hahn, Chief Financial Officer Capistrano Unified School District 33122 Valle Road San Juan Capistrano, Ca 92675 Section 14. 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 15. 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"). —5— 0 • Section 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk John R. Sh , City Attorney CITY OF SAN JUAN CAPISTRANO By: 00r-� T &-�� Dave Adams, City Manager CONSULT Support Se es Ca istrano Urn ied School District EM 0 • SCOPE OF WORK The scope of work to be performed by Consultant shall consist of providing buses and drivers, three of which will be ADA compliant, for use as the City's Swallow Day Parade Shuttle Bus Service commencing at 8:00 a.m. and terminating at 6:00 p.m. on Saturday, March 24, 2007. Consultant's buses and drivers shall transport parade attendees from City's designated pick-up and drop-off locations throughout the designated performance time period. Buses shall have a capacity of 48 passengers at two per seat. Buses designated for the parking lot locations and services to be provided in accordance with the following schedule: ATTACHMENT 1 • Swallow's Day Parade • "2007" Proposed Shuttle Bus Schedule Fluidmaster / Marbella Commerce Center Bus Site Lot # 1 Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses 1 8:00 a.m. to 9:00 a.m. 1 0 2 9:00 a.m. to 10:00 a.m. 2 0 6 10:00 a.m. to 12:00p.m. 3 0 4.5 12:00 p.m. to 1:30 p.m. 2 1 12 1:30 p.m. to 4:30 p.m. 3 1 3 4:30 p.m. to 6:00 p.m. 1 1 Total Hours 28.5 Endevco Bus Site Lot # 2 Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses 1 8:00 a.m. to 9:00 a.m. 1 0 2 9:00 a.m. to 10:00 a.m. 2 0 6 10:00 a.m, to 12:00 p.m. 3 0 4.5 12:00 p.m. to 1:30 p.m. 2 1 12 1:30 p.m. to 4:30 p.m. 3 1 3 4:30 p.m. to 6:00 p.m. 1 1 Total Hours 28.5 Capistrano Business Plaza Site Lot # 3 Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses 1 8:00 a.m. to 9:00 a.m. 1 0 1 9:00 a.m. to 10:00 a.m. 1 0 2 10:00 a.m. to 12:00 p.m. 1 0 3 12:00 p.m. to 1:30 p.m. 1 1 6 1:30 p.m. to 4:30 p.m. 1 1 3 4:30 p.m. to 6:00 p.m. 1 1 Total Hours 16 Complete Total Hours: 73 hours EXHIBIT A PARADE$HUTTLE BUS ROUTES & &K -UP zoos 1.5 Capo Business Plaza Q Lot 3 UN1P Sr,RR t •� Endevco[5 p Lot 2 Oyu Zd Fluidmaster 00- �� O `n Lot 1 Py q ZQ \ Oy l�t'U f.) OII ctt "old hit�c� .Sltrlit�i7 „ NORTH 1-5 Exhibit B 0 n U CERTIFICATE NUMBER city OOSS813&00 PRODUCER Marsh Risk & Insurance Services 4695 MacArthur Court, Suite 700 _ (949)9-580053 i!4R 1 3 ZOO/ $9 Newport Beach, CA 92660 - THE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POU". TNR CEMFCATE DOES NOT AMEND, EXTEND OR ALTER TIE COVERAGE AFFORDED "THE POLKNESDESCRRED "MM. COMPANIES AFFORDING COVERAGE COMPANY 5362MO-00.06-07 A Continental Casualty Company INSURED COMPANY Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 B COWANY C COMPANY 0 THIS 13 TO CERTIFY THAT POUC368 OF INSURANCE DESCRIBED HEREIN HAVE SEEN ISSUED TO THE NSIMED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THE CERT RCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY IFR POLICIES DESCRIBED HEREN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAS) CLAIMS CO LTR TYPEDFINSURANOE POLICY NUMBER POUCYEFFECTNE DAM(MMIODIM POUCYEXPIRATION DATE HAVADD" UYn3 GENERALIAINUTY GENERAL AGGREGATE $ PROOUCT6•COMPJOPAGG $ COMMETCAL GENERAL LABILITY CLAIMS MADE ❑OCCUR PERSONAL& ADV INJURY $ EACH OCCURRENCE $ OWNERS S CONTRACTOR'S PROT FUZE DAMAGE D 11,S $ o EXP " $ AUTOMOBILE LIARLnY COMBINED SINGLE LAOT $ ANYAt1TO BOOILYINJURY $ (P1x Wm.) ALLOWNEDAUTOS SCHEDULEDAUTOS BODILY INJURY $ tPMHWEEAB HIREDATOS NON-OWNEDAIITOS PROPERTY DAMAGE $ GARAGEUABILITY AtrrooNLY-EAACCIDENT $ OTHER THAN ALTO ONLY: ANYAUTO EACH ACCIDENT S AGGREGATE $ LIABILITY EACH OCCURRENCE $ AGGREGATETHER JESS UMBRELLA FORM $ THAN UMBRELLA FORM WO C D EMPLOYERS'LABIUTY TORY OW EL EACH ACGOENT $ THE PROPRIETOW INCL PATTNERSRE ECUTrvE EL OISEAB&POUCYM-0111—NM LEMT $ ELDISEA66EACHgMPLOYEE S OFRCERSARE: EX0. Workers Compansallon Llmlt SIAiUIUKY A Excess Workers Compensation W128589587A 07101/06 07/01/07 Employers lJobillty Urnil 1,000,000 Quallfied SelAnsuler Self Insured Retention 750,000 DESCRIPTION OF OPERATIONSXOCATIONSNEHICLES/SPECIAL ITEMS RE: Shutile bus services for Swallows Day Parade on March 24, 2007 .+Y,S.vt' -� Trr.T.�: firX..-5:��.'a.i � t..F.,(T.'7(.b.,Ti 1;Y€.J.! Mom mw 45"ri{Ss'�:? �iNOVID ANY Di THE FOUG[H pH,CPIBFO NL'PESI Ol VNClLLEO 88FORE TNH EVMiMN OAT! MERE W. city of San Juan Capistrano Community S"ces Office , 25925 Camino del Avion Sen Juan Capistrano, CA 92676 THE HSPIER AFIOFO IG DW W ENO4 M W,R Rn DAY, WRrt . X01106 TO MH M'Vln7E HOLLER MMD "FINK BYr FKOF< 10 WR SI CH NOIR YNLL INV09E H00LLgAT10N GR L4&tITY OF A W NNO U"NTME WSYRlN AFFORpNO C1JYTpAGLD1AGEHi1 GP REFRESlNTAINK ON TIN 0 • EVIDENCE OF COVERAGE Capistrano Unified School District MEMORANDUM NUMBER: 101 This Evidence of Coverage is used as a matter of Information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION City of San Juan Capistrano Attn: Linda Evans 25925 Camino del Avion San Juan Capistrano, CA 92675 Coverage Period: Effective: 3-24-07 Expires 12:01 a.m.: 3-25-07 1 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding nay requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may he used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions or such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY/COVERAGE General Liability Automobile Liability $1,000,000 Combined Single Limit Per Occurrence $1,000,000 Combined Single Limit Per Occurrence Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shat] impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive Officer ASCIP • 12750 Center Court Drive • Suite 205 • Cerritos, CA 90703 • (562) 403.4640 Authorized Representative: Date Issued3 1.07 ' ASCIP is ajoint powers authority pursuant to Article I (commencing with Section 650D) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 or the Education Code. Rev 5-97 101-06107-67C s iIliance of Schools for Cooperative Insurance Programs 12750 Center Court Drive, &dte 205, Cerritos, CA 90703 (562) 4034640 0 • Additional Covered Party Endorsement District: Capistrano Unified School District Endorsement No. 101-06/07-67A Additional Covered Party: Description of Operations, Vehicle, or Property: City of San Juan Capistrano As respects agreement between CUSD and the City of San Juan Capistrano for bus shuttle program for the Swallows Day Parade Coverage Period: Effective: 3-24-07 Expires 12:01 a.m.: 3-25-07 The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCIP intendsand agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is $1,000,000 per occurrence for liability. Authorized Representative: Date Issued: 3 1-07 ASCIP is a joint powers authority pursuant to Article I (commencing with Section 6500) of Chaptcr 5 of Division 7 of Title I of the Govemment Code and Sections 39603 and 81603 of the Education Code. Rev 5197 ® Iliance of Schools for Cooperative Insurance Programs ' 12750 Canter Coun Ddve, Suite 205, Cerritm, CA 90703 (562) 403-4&W • March 1, 2007 Sherry Hahn, Chief Financial Officer Capistrano United School District 33122 Valle Road San Juan Capistrano, CA 92675 Dear Ms. Hahn: 11 A Personal Services Agreement related to shuttle bus services for the Swallows Day Parade is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 11. Insurance. Please forward a Certificate of Insurance confirming: • Automobile Liability Worker's compensation Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, x. Please call Maria Morris, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, Meg Monahan, CMC City Clerk cc: Linda Evans, Community Services Manager Karen Crocker, Community Services Director Mike Jaramillo, Recreation Coordinator Maria Morris From: Linda Evans Sent: Thursday, March 08, 2007 3:47 PM To: Maria Morris Subject: CUSD workers' comp Maria — here's what we just spoke of.... Page 1 of 1 Parade Shuttle Bus — CUSD insurance is with Maria — the workers' comp certificate is missing. I contacted Jan Cannon at CUSD (phone: 234-9401) on 3/7 regarding this need. Meg is holding executed agreement until workers' comp is received. - Mike: once you get a copy of the agreement, please write & submit a PO for this. Please be sure to attach a copy of the agreement to the PO request and use account number: 01- 62167-4323-281-582 $3,500 NOTE: When invoices come in from CUSD-please look carefully at the charges so that the parade portion of the bill is charged to the correct account, while the remainder is charged to after school programs. - Please be sure I get a copy of the workers' c Linda Evans, Community Services Manager City of San Juan Capistrano 25925 Camino del Avian, San Juan Capistrano, CA 92675 Phone: 949- 443- 6390 FAX: 949- 661-6660 levans@smijuancapistram.org — Recreation... take time to make make your heart happy — 3/8/2007 i 45;1 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Jtuft Aq 11[AAPIOIFA � FSIIIIIiifA � 1161 1776 Sherry Hahn, Chief Financial Officer Capistrano Unified School District 33122 Valle Road San Juan Capistrano, CA 92675 DATE: March 20, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Personal Services Agreement — Shuttle Bus Services for the "Swallow's Day Parade" Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Karen Crocker, Community Services Director (949) 443-6389. An original agreement is enclosed for your records. Cc: Karen Crocker, Community Services Director Mike Jaramillo, Recreation Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper