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06-0206_CAPISTRANO UNIFIED SCHOOL DISTRICT_Personal Services Agreement (2)PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this � ` zXk by and between the City of San Juan Capistrano (hereinafter referred to 6s t e "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 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 25, 2005 Ca) 6:00pm. 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 )Las set forth in Exhibit "A", attached and incorporated herein by reference. CAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -1- 1/27/06 S® 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. CAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -2- 1/27/06 SD 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 employeesfrom 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. CAMy FilesTarade Shuttle\Personal Services Agmnt.wpd -3- 1/27/06 S® 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. CAMy FilesTarade Shuttle\Personal Services Agmnt.wpd -4- 1/27/06 SD 9 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 Files\Parade Shuttle\Personal Services Agmnl.wpd -5- SD 1/27/06 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 By: D►, , A -t- Dave Adams, City Manager CONSULTANT Daniel Crawford, Associa ee Superintendent Support Services Capistrano Unified School District ATTEST: Q(Aa aret R. Monahan, City Clerk APPROVED AS TO FORM: John R. City Attorney Exhibit A, Scope of Work & Proposed Schedule S� CAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -6- 1/27/05 9 EXHIBIT A SCOPE OF WORK ►J 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 25, 2006. 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: SDC:Wy Files\Parade Shuttle\Personal Services Agmnt.wpd -7- 1/27106 • Swallow's Day Parade 0 "2006" Proposed Shuttle Bus Schedule Exhibit A 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 qf) 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www... sanjuanGapstrano. org February 6, 2006 MEMBERS OF THE CITY COUNCIL SAM LEVATO IAf011oA0 OANELBATHGATE ' [SiIBISX[A A I96I WVATTHART V76 JOE SOTO • • DAVID M. SWERDLIN Daniel Crawford, Associate Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 Dear Mr. Crawford: A Personal Services Agreement related to the shuttle bus services for the Swallow's 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. We need documentation of the following insurance: • Comprehensive 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, Linda Evans, Community Services Manager (949) 443-639. Please call Maria Guevara, Acting Deputy City Clerk, (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, ,CMC Clerk cc: Heidi Ivanoff, Special Events Coordinator; Karen Crocker, Community Services Director; Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future GA.) Printed on recvclad oaoer M 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. GAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -3- 1/27/06 a 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 injuryto 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. CAMy Files\Parade Shuttle\Personal Services Agmnt.wpd -4- 1/27/06 n 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org March 7, 2006 VAN j� IA[BRIBRAi(B EST* mnm 1961 1776 Daniel Crawford, Associate Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 Dear Mr. Crawford: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to shuttle bus services for the Swallow's Day Parade is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. You may proceed with work under this agreement in coordination with the project manager, Linda Evans, Community Services Manager (949) 443-6390. Thank you, CMC Clerk cc.. ---Heidi Ivanoff, Special Events Coordinator; Karen Crocker, Community Services Director; Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future t --S P-tR nn mrvvr.lad na—r