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.
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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.
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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.
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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.
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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
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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
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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
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MW THE M.IOB1 MMIMO WRIPM 1P qlA V)"ITCHY THE FDIAATIONDATE THEREW,
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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
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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
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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