1989-0523_GOMEZ NADARDO_Agreement0
7.1
AMENDMENT TO INDEPENDENT CONTRACTOR
AGREEMENT DATED DECEMBER 21, 1988
THIS AMENDMENT to Agreement is made and entered into this Z 3^-4C 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 APISTRANO
By
4yaager
ibardo Gomez, Jr.
0 0
INDEPENDENT CONTRACTOR AGREEMENT
FOR CODE ENFORCEMENT INSPECTION SERVICES
THIS AGREEMENT is made and entered into this Z/ day ofy<Cr%rbae ,
1988 by and between THE CITY OF SAN JUAN CAPISTRANO, 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 -
i a
SECTION 5. TERM AMD TERMINATION
This agreement shall be for a term of one year. City or Consultant may
terminate this Agreement without cause at any time by giving the other party a 15 day
advance written notice of termination which shall be deemed effective 15 days from date
said notice is deposited by first class mail in the United States mails. Notice shall be
addressed to:
9
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 JUAN C IS ANO
By:
Step en B. Julian, ity Manager
-2-
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AMENDED DECLARATION
CFFECTIVE DATE 06/07/90
A:'.
REASON FOR AMENDMENT —
ADD VEHICLE AND LOSS PAYEE
.41 JAKOU UJM L�
"ItL&LINA GUME2
,�L JOU AVE ALROPULRTO illd
J CAPISTRAtJI) 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
,'il 0.1oYF
lU0 300
100
5
3U 60 I Al-,A.IVLUI
.._..,1 n ND b�, DEC � ❑ED b
L Alf. Up IMNE14 !„1u, !1_
"u lSKA 100 100 bi 1, 1, UEU s DEC
1011HISf f, COED WAIVE IDED_WAIVE _
5D.D 11---
I
iCALIEDRNIA SURCHARGE (CIkA2-
MULTI -CAR OISCDUNT APPLIES
TOTAL CAR 1, 2, 3, a y
EMENT(S) APF
68
31
24
32
56
so
2
4
63
29
22
32
54
73
2
4
06/10/90 _
FRE6IDEN DATE
--- — STATEMENT OF ACCOUNT --
ADDITIONAL PREMIUM f 211.09
PRIOR BALANCE .......... S 167.00
OUTSTANDING BALANCE .... S 378.09
•+ AMOUNT DUE t .00
FUTURE INSTALLMENTS DUE:
*f 378.09 DUE 07/19/90
* INCLUDES 63 PER PAYMENT SERVICE CHARGE
THANK YOU FOR LETTING US SERVE YOU
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COMMENTS (SEE OVERT
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4RE SHOWN FOR THE COVERAGE
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100
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1011HISf f, COED WAIVE IDED_WAIVE _
5D.D 11---
I
iCALIEDRNIA SURCHARGE (CIkA2-
MULTI -CAR OISCDUNT APPLIES
TOTAL CAR 1, 2, 3, a y
EMENT(S) APF
68
31
24
32
56
so
2
4
63
29
22
32
54
73
2
4
06/10/90 _
FRE6IDEN DATE
--- — STATEMENT OF ACCOUNT --
ADDITIONAL PREMIUM f 211.09
PRIOR BALANCE .......... S 167.00
OUTSTANDING BALANCE .... S 378.09
•+ AMOUNT DUE t .00
FUTURE INSTALLMENTS DUE:
*f 378.09 DUE 07/19/90
* INCLUDES 63 PER PAYMENT SERVICE CHARGE
THANK YOU FOR LETTING US SERVE YOU
rc(7- 3!D
• i
F`E ON
ONY°UFRECORRDS SIX MONTHS RENEWAL PREMIUM NOTICE
FARMERS INSURANCE EXCHANGE
The company will renew your policy for an additional six month term shown below only if payment of
the total premium or the optional payment indicated is made on or before the renewal date of this notice.
If STATE GUARANTEE FUND LAW
544.80 *5.50 550.31
PREMIUM BPL CA CPEDR
From pm rvoice TOTAL PREMIUM
H you pay the optional payment the balance of
$ ? 7 5 . 15 will be due 60 days after t ren ural d
RATE 3 9766 371
.
CLAS$ ' p
R NOSMK
RE"EwAF DATE , A P. \ . 3 0 , 91] /{pnl a %.
RENEWAL TERM ► 04/30/90 To 10/30/91
NISARDO GOMEZ
26700 AVE AEROPUERTO
SP 18
SN JN CAP CA 92675
Your Premium is based on the following.
Driver(s) of this vehicle:
97 12151 42 28
11I1:F4Ft1J XA
PREMIUM COVERAGES
'Entries In ltwusaMs W dollars
326.60 ,ewuw- 100 '�h„ 300 -..h P CPEER Y 50
56.40 UNINSURED MOTORISTS• 100/300
(Urdennyretl Fblmed in Weyv�glm)
55• 00 COMPREHENSIVE 150 D
106.80 COLLISION 500 D
TOWING NC
PERS. LIABILITY • NC
NO HALE OR UNMARRIED FEMALE DRIVER UNDER AGE 25.
YOUNGER DRIVERS INCLUDED IF RATED ON ANOTHER CAR INSURED KITH 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 THO 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
E
MEMORANDUM
TO: Dawn Schanderl, Records Coordinator
FROM: Kathleen Trepa, Management Assistant
40
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. rC« Q-tJ Y u V -0-,a CL o � m� i �r9 +f~c�9 a w� tFe t tcy uYc o. L C f era aha req O
Jeff also spoke with John Shaw about the interpretation of the clause "general 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.
0
C
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
----------------------------------- ------ ----------
PLEASEKEEP THIS PORTON
ioR VWR RECORDS SIX MONTHS
RENEWAL PODIUM NOTICE
POLICY NUMBER
FARMERS INSURANCE EXCHANGE
197
12151 42 28'i
The company will renew your policy Ior an additional six month term shown below only If payment of
the total premium or the optional payment indicated is made on or before the renewal Date of this notice. l
VEHICLE DESCRIPTIDN
85 CHEROKEE
3f STATE GUARANTEE FUND LAW
}
COVERAGES
'Envies
n. vausarNs or aPI..
340.20
*2.70
1
170.20
R nI- 100 . 300
N1EMW
R'KE OR CREDIT
hp„ pp mec.
NJ I.L PREMNM
52.10
lJUR�
UNINSURED MOTORISTS•
A^A� FPM
313b
If
If you pay the optional payrd9Wthe balance of
$171 . 45will be due 60 days after the renewal date.
vuss 7C R NOSMK
REAEwALDATE 0 OCT. 30, 88
43.40
COMPREHENSIVE 150 D
RENEW.LTERM NJ. 10/30/88 To 04/30/89
74.50
COLLISION 500 D
NIBARDO GOMEZ
I 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 KITH US.
Use of vehicle:
NOT DRIVEN TO WORK OR SCHOOL OR SUCH USAGE IS LIMITED TO AN AVERAGE OF NOT MORE THAN 30 MILES
PER MEEK. NO BUSINESS USE. ^ --
Annual Mileage:
OVER 5000.
Discounts:
NON-SMOKER - PRINCIPAL OPERATOR DOES NOT SMOKE AND HAS NOT SMOKED FOR THE PAST TMD YEARS.
ACCIDENT FREE, MULTIPLE CAR
Agent: DIRK D YOUNG Phone: 714=951s,8118
Please contact your Farmers Agent for a friendly review to ensure that your family is properly protected and that you ars
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 YOUR AGENT.
For insurance on your Auto • Home • Life • Business • contact your Agent
This tam is ® The Exchange orCompany designated on the reverse side as
issued by: ❑
Namedlnsured • NIBARDO GOMEZ
,26000 AVE AEROPUERTO SP 18
,SN JN CAP CA 92675
Effective 2-23-89
E-1136
1 at Edition
MAR 17 1988 197 66 374 12151 42 28
Agent I P000y Number
PART I
CERTIFICATE OF INSURANCE
® APPLICABLE 13 APPLICABLE
COVERAGE IS INDICATED BY AN " R"
LIMITS OF LIABILITY
X
( Bodily Injury Liability $
J1$
300
,000 each person
.000 each occurrence
Property Damage Liability
50
,000 each occurrence
Bodily Injury d 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
$
Umbrella Liability $
POLICY NUMBER $
retained limit
each occurrence
aggregate
Description
YEAR AND TRADE NAME
IDENTIFICATION NUMBER
Equipment
85 CHEROKEE
723 DIGITS
SHOWN
This certificate is subject to all of the terms, conditions and limitations set forth in the policy (fes) 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 an previously issued certificates.
PART 11 ADDITIONAL INSURED ENDORSEMENT ElAPPLICABLE ® APPLLICABLE
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 not 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 detect of material, design or workmanship in any equipment of which the additional in-
sured 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
It 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. It 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 tj
policy or policies from any cause t y,1g�1
we will mail 15 days notice in 3
writing to the other interest shown below.
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO 1 )IRKD,lfo ''
SAN JUAN CAPISTRANO CA 92675��r .,,fid k9
L,a ° NS
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Countersigned
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