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1989-0523_GOMEZ, NIBARDO_Agreement0 6 AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT DATED DECEMBER 21, 1988 THIS AMENDMENT to Agreement is made and entered into this 2 3^0C day of 1989, by and between THE CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and NIBARDO GOMEZ, JR., hereinafter referred to as Consultant. WHEREAS, City and Consultant entered into an independent contractor agreement providing for code enforcement services dated December 21, 1988; and WHEREAS, the parties desire to alter the amount of compensation for the period of May, 1989, NOW, THEREFORE, City and Consultant agree as follows: Section 3 entitled "Compensation" of that independent contractor agreement dated December 21, 1988 is hereby amended to provide for the flat amount of compensation of $2,300.00 for that period May 1 through May 31, 1989. CITY OF SAN JUAN CAPISTRANO i By yz&"— -)( City anager ibardo Gomez, Jr. 0 0 INDEPENDENT CONTRACTOR AGREEMENT FOR CODE ENFORCEMENT INSPECTION SERVICES THIS AGREEMENT is made and entered into this Z/ day of 1988 by and between THE CITY OF SAN JUAN CAPI.STRANO, hereinafter referred to as "City", and NIBARDO GOMEZ, JR., hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City requires professional services relating to the enforcement of certain specified health and safety laws in two housing project areas ("the Areas") move commonly known as Capistrano Villas and Casa de Capistrano within the City of San Juan Capistrano; and WHEREAS, Consultant is prepared to render said professional services, NOW, THEREFORE, City and Consultant agree as follows: SECTION 1. SCOPE OF WORK Consultant shall provide during the course of this Agreement professional code enforcement services consisting of inspection, investigation, and written analysis of possible violations of certain health and safety laws affecting the housing areas described above. Those health and safety laws which have possible application to these code enforcement services, include but are not limited to, the Uniform Housing Code, especially relating to overcrowding of apartment units, and Municipal Code parking and noise standards. SECTION 2. BEGINNING OF WORK Consultant shall begin providing code enforcement services effective December 21, 1988. SECTION 3. COMPENSATION Consultant shall be paid a flat amount of $700.00 per month for said professional services. In addition, Consultant shall also receive reimbursement for expenses incurred by Consultant in using his own vehicle in the inspection process. This reimbursement shall be in the amount of $200.00. Consultant shall submit a monthly billing to the City for services performed including a billing for reimbursement. The billing shall be submitted to Jeffrey C. Parker, Assistant to the City Manager, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. City shall pay said billing by the 10th day of each month following each month's activity. SECTION 4. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. - 1 - 0 0 SECTION 5. TERM AMD TERMINATION This agreement shall be for a tei terminate this Agreement without cause at advance written notice of termination which said notice is deposited by first class mail addressed to: m of one year. City or Consultant may any time by giving the other party a 15 day shall be deemed effective 15 days from date n the United States mails. Notice shall be City: Consultant Jeffrey C. Parker Nibardo Gomez, Jr. City Hall 26000 Avenid Aeropuerto 32400 Paseo Adelanto #18 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 SECTION 6. LIABILITY INSURANCE PROTECTION Consultant shall maintain his own automobile and general liability insurance protection in the amount of at least $300,000 combined single limit. Notwithstanding any other provision contained in this Agreement, Consultant shall be responsible for all injuries to persons and/or all damages to real or personal property of City or others, caused by or resulting from the wrongful acts or negligent acts, errors or omissions of Consultant in the performance of the contractual obligations assumed by Consultant by this Agreement. Consultant shall present proof of insurance in the form of an endorsement or certificate acceptable to the City Attorney prior to beginning work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. CONSULTANT CITY OF S N JUAN C IS ANO By: Step en B. Julian,, ity Manager -2- i(u.1 .14 V7 I U:: i't Ll LT JLKVILL LALL iolO/ /VY—>1VU VOVO7 V—�7L—ua7—♦ 0 600.30 AMENDED DECLARATION LFFECTIVE DATE 06/07/90 &i a e_ REASON FOR AMENDliENT — ADO VEHICLE AND LOSS PAYEE •Y'(SEI!,1=T:J:`ilENL'av,.�:ue8.><a�lkf'•t: ': _. .: r'�11:1i,_,n5.�i'..d�.ia«y t ��4lUl� .i_5.. iAIJAKOU GJMLi "ItC.ELINA GUHEZ 2L JOU AVC ALROPULRTO 41r:i J CAPISTRANU CA 92675 ASSURED THRIFT CAR 1 209 AVE DEL MAR SAN CLEMENTE CA 92672 CAR 2 CALIFORNIA FEDERAL P 0 BOX 54541 INDUSTRY CA 91899 ** AMOUNT DUE f .00 FUTURE INSTALLMENTS DUE: *f 378.09 DUE 07/19/90 * INCLUDES 63 PER PAYMENT SERVICE CHARGE THANK YOU FOR LETTING US SERVE YOU ri 1 PIAN6 ; i 11 NUMBER TP SYPAROI I CLASS PCO COMMENTS (SEE OVERT L? 73 It:iNZ 45uSL 014724 11 802220 05 29 GT o1 LHEKUKEE 000001 10 '802120105 241 22 1110AIDI-I1 •b1 D_i11 ., 11 it L'IIIIp ,i Ji, 4111A11Of I IAHII 11'. ARE SHOWN FOR 32 THE COVERAGE ** AMOUNT DUE f .00 FUTURE INSTALLMENTS DUE: *f 378.09 DUE 07/19/90 * INCLUDES 63 PER PAYMENT SERVICE CHARGE THANK YOU FOR LETTING US SERVE YOU luu 30D 68 63 100 31 29 4 241 22 3U 60 .....1 32 32 F R1PoH4ttat ND au _� NnOn-- buy TIED 6 DED 56 5; - CIA LI510N —__ 144 i�ru �a loo !.H� i. DED b DED 80 73 �,oluwsr Fr 'DEO WA IVE DED_ WA IVE 2 2 :CALIFORNIA SURLHARGE (CICGA2 jMULTI-CAR DISCOUNT APPLIES TOTAL CAR I. 2, 3, a y •;..: 7_ ... , : _ � - • • 581.38 TL[. -72 08/66 06110/90 Ij PHE3iDbD11 _ DATE --- — STATEMENT OF ACCOUNT — ADDITIONAL PREMIUM ..... f 211.09 PRIOR BALANCE .......... f 167.00 OUTSTANDING BALANCE .... f 378.09 ** AMOUNT DUE f .00 FUTURE INSTALLMENTS DUE: *f 378.09 DUE 07/19/90 * INCLUDES 63 PER PAYMENT SERVICE CHARGE THANK YOU FOR LETTING US SERVE YOU "EFORY ue ECORDSON SIX MONTHS RENEWAL PREMIUM NOTICE POLICY NUMBER FARMERS INSURANCE EXCHANGE 97 12151 42 28 The company will renew your policy for an additional six month term shown below only if payment of VEHICLE DESCRIPTN the total premium or the optional payment indicated is made on or before the renewal date of this notice. 85 CHEROKEE X STATE GUARANTEE FUND LAW PREMIUM COVERAGES 'En:rles m:Inusards of collars 54E4 80 *5.50 550.30 326.60 100 300 ' PROPERTYAA50 ^, �Dn 56.40 UNINSURED MOTORISTS' 100/300 P. pprnwc° TOTAL FAEWUM lhganneureO MMr/ub in Ngsltiryunl H you pay the optional payment the balance of S 2 7 5 • 15 watt be due 60 days after the renewal date. cross � 3 R NOSMK 97-66-374 RENEWAL CNtE 0 A4. 30, 90 AQem:Numrb, 55.00 COMPREHENSIVE 150 D RENEWALTERM ► 04/30/90 TO 10/30/90 106.80 COLLISION 500 D NIBARDO GOMEZ TOWING NC 26000 AVE AEROPUERTO PERS. LIABILITY' NC SP 18 SN JN CAP CA 92675 Your premium is based on the following. Drivers) of this vehicle: NO MALE OR UNMARRIED FEMALE DRIVER UNDER AGE 25. YOUNGER DRIVERS INCLUDED IF RATED ON ANOTHER CAR INSURED WITH US. Use of vehicle: USED IN BUSINESS. Annual Mileage: DOES NOT AFFECT RATE. Discounts: NON-SMOKER - PRINCIPAL OPERATOR DOES NOT SMOKE AND HAS NOT SMOKED FOR THE PAST TWO YEARS. ACCIDENT FREE, MULTIPLE CAR Agent: DIRK D YOUNG Phone: 714.951-8118 Please contact your Farmers Agent for a friendly review to ensure that your family is prop- erly protected and that you are receiving all of the discounts and package policies available. OTHER DISCOUNTS YOU MAY QUALIFY FOR: SENIOR DRIVER DEFENSIVE DRIVING Other Important information: UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE IS AVAILABLE._ IF INTERESTED, CONTACT YOUR AGENT. For insurance on your Auto • Home • Life • Business • contact your Agent 0 MEMORANDUM TO: Dawn Schanderl, Records Coordinator FROM: Kathleen Trepa, Management Assistant 0 December 27, 1988 SUBJECT: Insurance Requirements for the Nibardo Gomez Contract I spoke with Jeff Parker several times on Thursday, December 22nd regarding the insurance requirements for Nibardo Gomez, who is the inspector for the Neighborhood Preservation Program. Jeff said he spoke with Mr. Gomez about his car insurance coverage while on business. The agent apparently had a problem about putting in writing that Mr. Gomez would be covered in the event of an accident while on business, although his policy specifically states "No Business." The issue seemed to be that Mr. Gomez' premium might increase if we required that guarantee in writing. Jeff Parker was going to determine if, in fact, we needed to pursue that issue. I have not heard what has been decided. 'r(A, Q V-0-4 of cxa m ec9 � a w, t#e qua� u xz4 LCf r�q Jeff also spoke with John Shaw about the interpretation of the clause "genera'[ and automobile liability" and whether two forms of insurance were required or just automobile. The City Attorney has indicated that the intention was just automobile and that he signed the contract with that intention; therefore, just automobile insurance is required. There was no need to forward that determination in writing for your file. If you need further clarification, I would be more than happy to oblige. lc�C^ .30 MEMORANDUM February 3, 1989 TO: Jeff Parker, Senior Management Assistant FROM: Kathleen Trepa, Management Assistant SUBJECT: Certificate of Insurance for Nibardo Gomez The City Clerk's Office still has not received a certificate of insurance for Nibardo Gomez' automobile insurance. To refresh your memory, when the contract was signed, he submitted a copy of the statement indicating the amount due to renew his policy but not an actual certificate of insurance. You said you would speak with him about obtaining a certificate, which verifies that his policy is in effect. Because of the nature of his job, it is very important to know that his automobile insurance is in order. If he were to have an accident while on duty, the City could be held liable. We have stopped payment before for contractors' services if the insurance requirements are not met. In fact, John Shaw has included language in an updated standard consulting agreement which states that work is not to commence until the City has accepted the required Insurance certificates and endorsements. I tried to reach you this afternoon but you were not in. I am writing this memo only because I am trying to resolve some unsettled problems that have been accumulating and didn't want to get side tracked again without speaking to you. I would appreciate your assistance in getting this matter resolved so that the City Clerk's Office may put his file to rest. Thanks. cc: Bob Boone Dawn Schanderl ------------------------------------------------------ -------------------- --- ------ o EASE SEEn*He PWe SIX MONTHS RENEWAL P08IUM NOTICE Foe YWe RE5.03 • POLICY NUMBER r FARMERS INSURANCE EXCHANGE j97 12151 42 28', The company will renew your policy for an additional six month term shown below only It payment of the total premium or the optional payment Indicated Is made on or before the renewal date of this notice. VEHICLE DESCRIPTION 85 CHEROKEE � x g EGUARANTEE FUND LAW COVERAGES l 'EIItIiPS 1 340.20 *2.70 17070-4Y rn 100 =x 300 . _ IIIOI,SdfW50I QpIId15 _^*Y 50 L MORE T 52NSURED MOTORISTS' IDD/301 jei`Eo^CeEgTroT«eaEuwM F rv.e • ,r m tin n wasnr.,, mr J . r _ It you pay the optional payril'nT the balance of $ 171 . 4 Swill be due 60 days after the renewal date 99^E 7C R NOSMK ■ EwA.onre � OCT. 30P 88I, m 43.413 COMPREHENSIVE 1511 D eENEwALTEA. Ill 10/30/88 To 04/30/89 74.50 COLLISION 500 D NIBARDO GOMEZ TOWING NC 26000 AVE AEROPUERTO PERS. LIABILITY' NC SP 18 SN JN CAP CA 92675 Your premium is based on the following Driver(s) of this vehicle: NO MALE OR UNMARRIED FEMALE DRIVER UNDER AGE 25. THE MOST FREQUENT OPERATOR IS AGE 60-69. YOUNGER DRIVERS INCLUDED IF RATED ON ANOTHER CAR INSURED WITH US. Use of vehicle: NOT DRIVEN TO HIM OR SCHOOL OR SUCH USAGE IS LIMITED TO AN AVERAGE OF NOT MORE THAN 30 MILES PER WEEK. NO BUSINESS USE. ^ Annual Mileage: \`J OVER 5000. Discounts: NON-SMOKER - PRINCIPAL OPERATOR DOES NOT SMOKE AND HAS NOT SMOKED FOR THE PAST TWO YEARS. ACCIDENT FREES MULTIPLE CAR Agent: DIRK D YOUNG Phone: 714■951■8118 Please contact your Farmers Agent for a friendly review to ensure that your fsmily is properly protected and that you are receiving all of the discounts and package policies available. OTHER DISCOUNTS AVAILABLE: SENIOR DRIVER DEFENSIVE DRIVING Other Important information: UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE IS AVAILABLE. IF INTERESTED, CONTACT YOM AGENT. For insurance on your Auto • Home • Life • Business • contact your Agent This form is ® The Exchange or issued by: ❑ designated on the reverse side as Named Insured • NI BARDO GOMEZ ,26000 AVE AEROPUERTO SP 18 SN JN CAP CA 92675 2-23-89 E-1138 1 at Edition MAR 17 1989 97 66 374 12151 42 28 Agent I policy Number PART I CERTIFICATE OF INSURANCE ® APPLICABLE ❑ APPLICABLE COVERAGE IS INDICATED BY AN "X" LIMITS OF LIABILITY Bodily Injury Liability j s10 000 each person X 1Jl l$ 300 ,000 each occurrence Property Damage Liability 50 ,000 each occurrence Bodily Injury & Property Damage Liability $ ,000 each occurrence Personal Injury Protection - Property Protection Insurance (See Endorsement) X Comprehensive, Actual Cash Value Less $ 150 Deductible X Collision or Upset, Actual Cash Value Less $ 500 Deductible $ retained limit Umbrella Liability $ each occurrence POLICV NUMBEn $ aggregate Description YEAR AND TRADE NAME IDENTIFICATION NUMBER of Equipment 85 CHEROKEE LAST 3 723 DIGITS SHOWN This certificate is subject to all of the terms, conditions and limitations set forth in the policy ties) and endorsements attached to it. It is furnished as a matter of information only and does not change, modify or extend the policy in any way. It supersedes all previously issued certificates. PART II ADDITIONAL INSURED ENDORSEMENT ❑ APPLICABLE ® APPLICABLE We provide the coverages indicated below by an "x", with respect to the above described equipment, to the person or organization named below as an additional insured. This coverage applies only (1) while the named insured is the owner, or has care, custody, or control of the - above described equipment, and (2) when liability arises out of the acts and omissions of the named insured. This coverage does r,ot apply (1) where liability arises out of the negligence of the additional insured, its agents, or employees, unless the agent or employee is the named insured, or (2) to any defect of material, design or workmanship in any equipment of which the additional in -4 cured is the owner, lessor, manufacturer, mortgagee, or beneficiary. Bodily Injury and Property Damage Liability Personal Injury Protection - Property Protection Insurance (See Endorsement) Comprehensive (including Fire and Theft) Collision or Upset If any court shall interpret this endorsement toprovide coverage other than what is stated above, then our limits of liability shall be the limits of bodily injury liability and property damage liability specified by any motor vehicle financial responsibility law of the state, province, or territory where the named insured resides, as applicable to the equipment described above. If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one person in any one occurrence and subject to this provision respecting each person, $10,000 on account of bodily injury sustained by two or more persons in any one occurrence. Our total liability for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed $5,000. The insurance afforded by the policy described above is subject to all terms of the policy and any endorsements attached to it. This en- dorsement does not increase the limits of the policy. Upon cancellation or termination of this policy or policies from any cause 0 y' we will mail 15 days notice in writing to the other interest shown below. CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO $S1R4Cit VCi3h?t. 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