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05-0317_CAPISTRANO UNIFIED SCHOOL DISTRICT_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 7J by and between the City of San Juan Capistrano (hereinafter referred to as the " ity")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 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 Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than Saturday. March 19, 2005 Cad 6:00om. Section 3. Compensation. 3.1 Amount. Total compensation forthe scope of services for this Project shall not exceed Three Thousand Five Hundred Dollars and no Cents ($ 3.500.00 )as set forth in Exhibit "A", attached and incorporated herein by reference. CAMy ReMParade Shuttle\Personal Services Agmnt.wpd -1- 1/15/05 0 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. C:W1y Files\Psrade Shuttle\Personal Services Agmnt.wpd -2- 1115/05 0 0 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (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 ordamages 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. C:W1y FilesWarade ShuUleWersonal Services Agmnt.wpd -3- 1115105 0 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 injuryto 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. CAMy Filea\Perade Shuttle\Persanal Services Agmnt.wpd -4- 1/15/05 0 0 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, except that ten (10) day's notice shall be given if there is a cancellation due to failure to pay a premium. 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Community Services To Consultant: Daniel Crawford, Associate Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 CAMy ReMParade Shuttle\Personal Services Agmnt.wpd -5- 1/15/05 0 0 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"). 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. CITY OF SAN JUAN CAPISTRANO Dave Adams, City Manager CONSULT -ANT By: ,C%A,&,� ,4. / Daniel Crawford, Associate SsT'uperintendent Support Services Capistrano Unified School District ATTEST: an, City Clerk AS TO FORM: John R. 8haw, City Attorney Exhibit A, Scope of Work & Proposed Schedule CAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -6- 1/15/05 0 0 EXHIBIT A 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 19, 2005. 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: CAMy Files\Parade ShuttleNPersonal Services Agmnt,wpd -7- 1115/05 . • Swallow's Day Parade • "2005" Proposed Shuttle Bus Schedule Exhibit A Fluidmaster / Marbella Commerce Center Bus Site Lot # 7 Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses Cost 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 Total Cost Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses Cost 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 Total Cost $ Capistrano Business Plaza Site Lot # 3 Hours of Service Hours of Operation # of Regular Buses # of Handicapped Accessible Buses Cost 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 Total Cost $ Complete Total Hours Complete Total Cost $ 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org March 18, 2005 Juan IA[IAPAAAIII Anlluslm � 1961 1776 Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 Attention: Daniel Crawford, Associate Superintendent Dear Mr. Crawford: MEMBERS OF THE CRY COUNCIL SAM ALLEVATO DIANE BATHGATE WVAT HART JOE SOTO DAVID M. SWERDLIN Enclosed is a copy of an executed personal services agreement related to providing shuttle bus services for the Swallow's Day Parade. Please contact the project manager, Heidi Ivanoff, Senior Recreation Leader, (949) 443- 6391 concerning any questions related to the agreement. Yours truly, Meg City C cc: Heidi Ivanoff, Senior Recreation Leader Karen Crocker, Community Services Manager William M. Huber, Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future Co Pdmed o� reeled sae. 03/17/2005 02:33 6616660 0 S 0 PAGE 01 Fax Transmittal Form To: Meg—Cft Clerk's tMflee (949) 493-1171 (949) 493-1053 Fax IYlaesagac Iii Meg - From HeMl Ivenof f-- Communlgy Servlas 949) 493-5911 949) 661-6660 Fax March 17, 2005 1:20 pm Ile: Swallow's Day Parade Shuttle Bus Program mere Is the Workers Compensation Cartificate of Insurance for Capistrano Unified School District. I have made copies for Mikis Jaramillo and myself. 03/17/2005 02:33 6616660 S PAGE 02 Mlarsh, Inc. 3//2005 3:59 PM PACE 2/002• Fax Server CER TENJYENBMBER .. r. LOS�000272&74-05 IRODul" RIM CERTPICAYE IE 1a1UE0 AS A MATTER OF INFORMATION OILY AMO CONFER! Marsh Risk & Insurance SaTY1 ■GROOTS UPON THE CERTIF"VE IILLOCR OMEN THAM THOM PROYIDED N THE 4695 MBCArthur Court, Sulte 700 POLICY. TNM CERTIFICATE DOES NOT MEMO, EXTEND OR AL71M THE COVERAGE 1949) 399ZM AFFORDED BY THE PMWKMOKBOOSD HEREM. Cense ECQ7153 COMPANIES AFFORDING COVERAGE Newpol Beach, CA 926M COMPANY 53620-0600_ A Conlnertal Casualty Company OWREII COMPANY Capistrano United School DMIrid B 32972 Calve Perfecto San Juan CapImbrano, CA 92675 COMPANY C COMPANY D TWO IN TO CERTIFY THAT POLICIES OF INSURANCE OEBCAIBED HEARN HAVE RFEN ISSUED TO THE INSURED NAMED HEREIN FOR THE PC,ICY PERIOD INDICATED NOI W THSTANDING ANY RECUIREMENT, TERM OR CONDITION MANY CONTRACT OR OTHER DOCUMENT MTH RESPECT TO MMICH THE CERTIFICATE MAY BE Iffi1W OR MAY PEf.TNN, TME MSIRANCE PiFOROEU BY TNF POLICESDESCBBW HP_Rl]N IB BU&IECY TO AL THF, TFRMa OONdTIONS PNO EXO.II.GONS O' 9U0N POUOE9 nOGREGIRE LIMTS SHOWN MAY NAVE BEEN RLDUCEO BY PND CLAMS cc LTR TYPE OF MSURlNC4 POLICY NUMBER POLICY EFFECTIVE DATE PIMIDOMY) POICYEAPIRATNIN DATE (UNIDO") LOWT9 0ENERALU ILID' ITFNFRAL A30RE WlE 1COAMERON.OENER^&�LIABILITY MODUCTS.COMPAYPACG t CLAMSMAOE `�OCClR PERSONALLADVINJURY S EACH OCCURRENCE S OANEWS& COMTRACTON's FRIT FIRE DAMAGE(MY GIRAI S _ MW F1P M qR MGI S AU'fOMa _ LE LMBLItt COMBINED SINGLE LIMIT s ANT AUTO RODILYIN.IURY S mi -DINNED AUTOS SCHEDULED AUTOS BODILYIN3 RY s HIRM ALTOS Ira 1mdem) NO OMED AUTOS PROPERTY DAMAGE S (M11gE LI ITY I—I ALTO ONLY -EA AMBIENT S I MY AUTO OTHERTHANAJTOONLY' EACH AC_OOENT S AGGREGATE S FXCEaM LMYITY EACH OCCURRENCE IS AGGREGATE S UMBREU.AFCNM OTHER THAN UMBRELLAFORM S Ra COMPENSATION AND YYC STAID• OM EMPLOYERSLMMIm TWYLIMRB ER EI, EACH ACCIDENT S YHE PROPRIETDRI INO. EL OISEASFPOL ICY LIMIT S PARTNERSE)ECUMW EL D WARREFABI EMPLOYEE S CFF CF.RS ARE EXQ A ENoxas Workers Compensation 12t1568BtflB 07!01104 07!01706 RM:tenDan 750,000 Ouelitad Serf -Insurer i DESORPTION OF OERATICNSILOTJ110NSAE NRIFAINECML ITEM■ Re: Shu the Bus Services Is, the 'Swallows Day Parade." March 19, 2005. MW THE M.IOB1 MMIMO WRIPM 1P qlA V)"ITCHY THE FDIAATIONDATE THEREW, ER WORDING O RACE WLL EWNON TO IANL —lt DAYS MTIITTEN NOTICE TO TME:41M0Dren NOICJuanCmurme10 DlredeOfCommunitySarvINTe/:12400 P H MR IMOD HEREIN IN MILME TO MIA EWI NOrIW SMLL IAPGW NOONIGAnp GMAla'c PBABO Adelanto Juan Caplstrmo, CIL 92&75IAPPIOATEAhan F Nw NIPp LyONT,E INYIPR AFFAMWATMRMrNElien 70'�R� Flynn. • Meg Monahan From: Meg Monahan Sent: Wednesday, March 16, 2005 2:24 PM To: Karen Crocker Cc: Bill Huber; Maria Guevara Subject: CUSD - shuttle bus services -- insurance documents Importance: High Karen, • Page 1 of 1 The agreement calls for Comprehensive General Liability — with endorsement as city additionally insured Comprehensive Auto Liability Worker's Compensation We did not receive a Workers Compensation certificate AND The endorsement form incorrectly identifies the additional covered party as City of Jnan Capistrano Please have them fax (949) 493-1053 — attention CITY CLERK: Corrected additional covered party endorsement form Workers compensation coverage certificate Need as soon as possible please — not many hours before the parade. Thank you, Meg Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6308 (949) 493-1053 - fax 3/16/2005 Sent By: HP LaserJet 3100; 4W 562 403 4644; Mar - -05 12:03PM; Page 2/3 OF CSE Capistrano Unified School District This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence or Coverage does not amend, extend, or alter the coverage afforded by the memoranda listal below. CERTIFICATE HOLDER INFQW4AT0N City of San Juan Capistrano Attn: Heidi lvanoti 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Coverage Period: Effective: 3.19.05 Expires 12:01 a.m.: 3-20-05 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 tis Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition (if any euntract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of (overages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LUMT OF LIABYI.I�f'3�/Gi �ERAGE Cenral I.Jability Automobile Liability $1,000,000 Combined Single Limit Per Occurrence $1,000,000 Combined Single Limit Pcr Occurrence Should any of the above coverages for the Coveted Parry be changed or withdrawn prior in the expiration date issued above, ASCIP will trail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or represedtativcs. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive officer ASCIP - 12750 Cantor Court Drive v Suite 205 v Cerritos, CA 90703 • (562) 4034640 Authorized Representative: Date Lssued: 3-11-05 " ASCIP is a joint powers authority pursuant to Article 1(commencing with Section 6500) of Chapter 5 of Division 7 of Tidc l of the Government Code and Sections 39603 and 81603 of the Education Cock. Rev 5-97 101-04/0.5-73C of Schools for Insurance 110 Sent By: HP LaserJet 3100; 562 403 4644; Mar• -05 2:47PM; Page 1/2 EVWNCE ( E`:` AGE Capistrano Unified School District This Evidence of Coverage is used as a matter of information only and confer: no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the covcntgc afforded by the nienioranda listed below. City of San Juan Capistrano Attn: Heidi Ivanoff 32400 Paseo Adelanto San Juan Capistrano, CA 92675 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 Patty named above for the perirxl indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Rviderim of Cnvcmge may be used or may pertain, the coverages afforded by the Memurandum of Coverages described herein arc subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABIL]TY/CO'VER AGE. Central Liability Automobile Liability $1,000,000 Combined Single Limit Pur Occurrence SI A)0,000 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 Uro Certiticate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives, If you have any questions, contact: ASCIP Ms. Paula Chu Tangaay, Chief Exocutivc Officer 127.50 Center Court Drive - Suite 205 - Cerritos, CA WPM - (562) 403-4640 Authorized Representative: Date Issued:311-05 ' ASCIP is a joint powers authority punuarrt u, Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Cotte and Sections 39603 and 81603 of the Education Code. Rev 5-97 101-04/05-73C of Schools for Insurance 12750 Cents Cont fhite, Sulk 2051 CCMOW, CA 90703 (562) 403.4640 Sent By: HP LaserJet 3100; 562 403 4644; Marle-05 2:47PM; Page 2/2 o re :...; District: Capistrano Unwed School District Endorsement No. 101-04/05-73A Additional Covered Party: Description ofoperati'ons, Vehicle, or Property City of San Juan Capistrano As respects agreement between CUSD and the City of San Juan Capistrano Cdv a riod: tins: 319-(15 lre . 091 a;MA 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 intends and agrees to extend coverage pursuant to the terms and conditions of the MDC 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 MDC. The limits of liability extended to the Additional Coveted Party listed above is $1,000,000 per occurrence for liability. Authorized Representative: Date Issued: 3.11-05 ASCIP is a joint powers authority pursuant ki Article 1 (commencing with S6clion 65(10) of Chapter 5 of Division 7 of Title I of the Govcmment Code mid Sectiunn 39603 and 81W3 of the Fducadun Code. Rev 5/97 of Schools for Insurance 12750 r mmr C1 D.Wm, Swam 2115, Cr. *w, CA 9070.3 (562) 40346/o