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Home My WebLink AboutGUSD - Agreement for Transportation Servicest AGREEMENT FOR SERVICES (For contracts of $5,000 or less — NON - DESIGN OR NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 18 day of May, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California 0 G1�v�y and CONTRACTOR: C4feTUnified School District Transportation, having a principal place of business at 8067 Swanston Lane, Gilroy, CA 95020. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on June 1, 2015 and will continue in effect through August 31,2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" within the time periods described therein. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4851 - 9718-06970 LAC104706083 -1- Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR as provided for in Exhibit `B ", "Payment Schedule ". Invoices CONTRACTOR shall submit invoices for all services rendered. Payment Payment shall be due within thirty (30) days after receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY. -2- 4851- 9718-0697x1 LAC104706083 ARTICLE 5. OBLIGATIONS OF CONTRACTOR Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. Licenses CONTRACTOR shall possess a State of California Contractor's license in the appropriate category for performing services under this Agreement. CONTRACTOR shall obtain a City of Gilroy Business License. Workers' Compensation CONTRACTOR agrees to provides workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. Indemnification of Liability, Duty to Defend A. As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring 4851 - 9718- 0697v1 LAC104706083 -3- thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; *CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; *CITY will not withhold state or federal income tax from payment to CONTRACTOR; *CITY will not make disability insurance contributions on behalf of CONTRACTOR; *CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assigrunent shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. events: ARTICLE 7. TERMINATION OF AGREEMENT Termination on Occurrence of Stated Events This Agreement shall terminate automatically on the occurrence of any of the following 1. Bankruptcy or insolvency of either party; -4- 4851- 9718 -06970 LAC104706083 2. Sale of the business of either party; 3. Death of either party. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. Not performing any of its services professionally and/or timely. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit "B" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. Transition After Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONTRACTOR'S assumption of duties. -5- 4851- 9718.0697x1 LAC104706083 ARTICLE 8. GENERAL PROVISIONS Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to a party at the address appearing below such party's signature below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Entire Agreement of the Parties This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by both parties. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Americans With Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans With Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. The Contractor shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. -6- 4851- 9718 -06970 LAC104706083 Compliance With Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin or ancestry of any employee, applicant for employment, or any potential subcontractor. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws or provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. -7- 4851- 9718 -06970 LAC104706083 Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: Gilroy Unified School District Transportation CITY OF GILROY By. q (Print Name) (Print Name) 1 u ner fil Cii AdmInisfrafor Address for Notices: Address for Notices: 8067 Swanston Lane 7351 Rosanna Street Gilroy, CA 95020 Gilroy, CA 95020 Attn: City Administrator Social Security or Taxpayer ATTEST: Identification Number: 77- 0123255 �mj ,. irY�- t:,r�rr� �dM�n�3}��vE.� cfSSk�N� Approved as to Form: City Attorney -8- 4851- 9718 -0697v1 LAC104706083 EXHIBIT "A" I. SCOPE OF SERVICES The Gilroy Unified School District will provide transportation services for the City of Gilroy Summer Day Camp program. See attached invoice with detailed trip information. Sky High/Santa Clara 6/25/15 Tech Museum 7/2/15 Raging Waters 7/9/15 Great America 7/16/15 Exploratorium 7/23/15 AT &T Park 7/29/15 Twin Lakes Beach 8/6/15 II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence services upon delivery to CONTRACTOR of written Notice to Proceed. B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has satisfactorily completed all of the services under this Agreement, and if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not satisfactorily completed all of such services, CITY shall so inform CONTRACTOR within this two (2) week period. III. SCHEDULE See attached invoice. IV. DIRECT EXPENSES Direct expenses are charges and fees not included in the Scope of Services described above. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. -9- 4851- 9718-0697x1 LAC104706083 III. GENERAL PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the services required under this Agreement shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY'S request. D. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. E. OWNERSHIP OF MATERIAL. All material (including information developed on computer(s)) prepared (or caused to be prepared) under this Agreement shall be the property of CITY. F. NO THIRD PARTY BENEFICIARY. -10- 4851- 9718 -06970 LAC104706083 This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. G. WAIVER. CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. H. AMENDMENTS. No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. I. CONFLICT OF INTEREST. CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. J. CAPTIONS. The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions or interpretation. -11- 4851- 9718- 0697v1 LAM04706083 Exhibit A -1 Special Indemnification Terms a. Joint and Several Liability - The parties recognize and agree that, pursuant to Government Code section 895.2, the common law of this State, and the terms of this Agreement, whenever any public entities or private entities enter into an agreement, they are jointly and severally liable for any liability which is imposed by any law other than Chapter 21 of Division 3.6 of Title 1 of the Government Code (commencing with section 895) upon any one of the entities or upon any entity created by the agreement for injury caused by a negligent or wrongful act or omission occurring in the performance of such agreement. b. Contribution Right - The parties also recognize and agree that Government Code section 895.2 is subject to Government Code section 895.4, and the common law of this State, which provides that as part of any agreement, public entities and other private parties may provide for contribution or indemnification by any or all of the parties that are parties to the agreement for any liability arising out of the performance of the agreement. Right of Pro -Rata Contribution - The parties also recognize and agree that, pursuant to Government Code section 895.6, unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of the agreement and pays in excess of its pro rata share in satisfaction of such judgment, such public entity is entitled to contribution from each of the other public entities that are parties to the agreement. The parties also recognize and agree that Government Code section 895.6 further provides each of the following, unless the public entities that are parties to an agreement otherwise provide in the agreement: (1) Pro -Rata Calculation - The pro rata share of each public entity or private party is determined by dividing the total amount of the judgment by the number of public entities that are parties to the agreement; (2) The right of contribution is limited to the amount paid in satisfaction of the judgment in excess of the pro rata share of the public entity so paying; and (3) No public entity may be compelled to make contribution beyond its own pro rata share of the entire judgment. d. Indemnity for Negligence or Willful Misconduct - In accordance with the provisions of Government Code sections 895.4, 895.6, 6508.1, the common laws of this State and the terms of this Agreement, each party agrees to indemnify and hold the other party and its officers, employees, and agents harmless from any and all expense and liability for damage, actual or alleged, to persons or property to the extent arising out of or resulting from negligent acts or omissions or willful misconduct of the indemnifying party or its officers, employees, or agents in connection with this Agreement. 4834 - 9785- 6037v1 TMOREW04706083 Indemnity for Activities at Recreational Facilities - Further in accordance with the provisions of Government Code sections 895.4, 895.6, and 6508.1, and by the terms of this Agreement, each party hereto agrees to indemnify and hold the other party and its officers, employees, and agents harmless from any and all expense and liability for damage, actual or alleged, to persons or property arising out of or from any cause whatsoever arising from or connected with any activity under the jurisdiction, authority, or control of the indemnifying party, or its respective officers, employees, or agents, except to the extent that such damage arises out of or results from negligent acts or omissions or willful misconduct of the indemnified party, or its respective officers, employees, or agents. Further each party agrees to defend the other party, with counsel reasonably suitable to the indemnified party, for any litigation arising out of indemnifying party's activities. 4834 - 9785- 6037v1 TMOREW04706083 EXHIBIT "B" PAYMENT SCHEDULE An invoice has been generated and will be paid upon completion of the MOU. -12- 4851- 9718 -0697v1 LAC104706083 Invoice Date Customer: Destination: Sky High /Santa Clara Tech Museum Raging Waters Great America Exploratorium AT &T Park Twin Lakes Beach Gilroy Unified School District Transportation 8067 Swanston Lane Gilroy, CA 95020 408 - 842 -0306 FAX 408 - 842 -3395 5/11/2015 Date of Trip: Summer 2015 City of Gilroy 6/25/2015 7/2/2015 7/9/2015 7/16/2015 7/23/2015 7/29/2015 8/6/2015 Hours Hours Amount Miles Miles Total Total 7.25 $246.50 92 $184.00 $430.50 7.25 $246.50 78 $156.00 $402.50 9.25 $314.50 72 $144.00 $458.50 9.25 $314.50 92 $184.00 $498.50 9.75 $331.50 176 $352.00 $683.50 9.75 $331.50 172 $344.00 $675.50 9.25 $314.50 64 $128.00 $442.50 Total Due: $3,591.50 Please send a copy of the invoice with your payment. Payment is due within 30 days. EVIDENCE OF COVERAGE 1 DATE 5/27/2015 (MMIDDIYYYY) This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. MEMORANDUM NUMBER: 152 JOINT POWERS AUTHORITY (JPA) Alliance of Schools for Cooperative Insurance Programs 16550 Bloomfield Avenue Cerritos, CA 90703 www.ASCIP.org CONTACT NAME: Mr. Fritz Heirich, Chief Executive Officer PHONE: (562) 404 -8029 JPA MEMBER Gilroy Unified School District 7810 Arroyo Circle Gilroy CA 95020 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 Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE ADD INSR MEMORANDUM NUMBER (MOC) (MM/DO/YYYY) POLICY EFF POLICY EXP 12:01a.m. LIMIT OF LIABILITY / COVERAGE GENERAL LIABILITY OCCURRENCE Personal Injury ,/ MOC #152 7/1/2015 7/1/2016 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 AGGREGATE $ N/A $ Errors & Omission $ Employment Practices $ AUTOMOBILE LIABILITY AUTOMOTIVE PHYSICAL DAMAGE COMPREHENSIVE / COLLISION ANY AUTO Owned Auto MOC #152 7/1/2015 7/1/2016 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 ACTUAL CASH VALUE $ $ $ $ Hired Auto $ PROPERTY BUILDING / CONTENTS FIRE, THEFT, RENTAL INTERRUPTION REPLACEMENT COST SUBJECT TO POLICY LIMITS, AND CONDITIONS TERMS, $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E1WC STATUTORY LIMITS N/A EACH ACCIDENT $ PER EMPLOYEE $ POLICY LIMIT $ OTHER EMPLOYEE DISHONESTY (CRIME) SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS $ ADDITIONAL REMARKS: As respects to Transportation Services 7/2/15 - 8/6/15 CERTIFICATE HOLDER City of Gilroy Attn: City Administrator 7351 Rosanna Street Gilroy CA 95020 CANCELLATION 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 the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. /� �/ AUTHORIZED REPRESENTATIVE: Fritz Helrlch `ASCIP is a joint powers authority pursuant to Article 1(commencing with Section 6500) Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5 -97 24828030 1 152 1 15/16 All Types 1 Nancy Lopez 1 5/27/2015 10:52:05 AM (PDT) I Page 1 of 2 Additional Covered Party Endorsement District: Gilroy Unified School District Endorsement No. 24828030 Additional Covered Party: Description of Operations, Vehicle, or Property: City of Gilroy As respects to Transportation Services 7/2/15 - 8/6/15 its officers and employees Coverage Period: Effective: 7/1/2015 Expires 12:01 a.m.:7/1/2016 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 MOC 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 MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Authorized Representative: Date Issued: 5/27/2015 ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5/97 24828030 1 152 1 15/16 All Types I Nancy Lopez 1 5/27/2015 10:52:05 AM (PDT) I Page 2 of 2 EVIDENCE OF COVERAGE 1 DATE 5/27/2015 ' This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. MEMORANDUM NUMBER: 152 JOINT POWERS AUTHORITY (JPA) Alliance of Schools for Cooperative Insurance Programs 16550 Bloomfield Avenue Cerritos, CA 90703 www.ASCIP.org CONTACT NAME: Mr. Fritz Heirich, Chief Executive Officer PHONE: (562) 404 -8029 JPA MEMBER Gilroy Unified School District 7810 Arroyo Circle Gilroy CA 95020 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 Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE ADDL INSR MEMORANDUM NUMBER (MCC) (MM POLICY EFF /DD/YYYY) POLICY EXP 12:01a.m. LIMIT OF LIABILITY / COVERAGE GENERAL LIABILITY OCCURRENCE Personal Injury �/ MOC #152 7/1/2014 7/1/2015 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 AGGREGATE s N/A $ Errors & Omission $ Employment Practices $ AUTOMOBILE LIABILITY AUTOMOTIVE PHYSICAL DAMAGE COMPREHENSIVE / COLLISION ANY AUTO Owned Auto MOC #152 7/1/2014 7/1/2015 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 ACTUAL CASH VALUE $ $ $ $ Hired Auto $ PROPERTY BUILDING / CONTENTS FIRE, THEFT, RENTAL INTERRUPTION REPLACEMENT COST SUBJECT TO POLICY LIMITS, AND CONDITIONS TERMS, $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ❑ WC STATUTORY LIMITS NIA EACHACCIDENT $ PER EMPLOYEE $ POLICY LIMIT $ OTHER EMPLOYEE DISHONESTY (CRIME) SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS $ $ $ ADDITIONAL REMARKS: As respects to Transportation Services 6/25/15 CERTIFICATE HOLDER City of Gilroy Attn: City Administrator 7351 Rosanna Street Gilroy CA 95020 CANCELLATION 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 the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. /� /q / AUTHORIZED REPRESENTATIVE: Fritz Helrlch "ASCIP is a joint powers authority pursuant to Article 1(commencing with Section 6500) Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5 -97 24827883 1 152 1 14/15 All Types I Nancy Lopez 1 5/27/2015 10:48:59 AM (PDT) I Page 1 of 2 Additional Covered Party Endorsement Gilroy Unified School District District: Endorsement No. 24827883 Additional Covered Party: Description of Operations, Vehicle, or Property: City of Gilroy As respects to Transportation Services 6/25/15 its officers and employees Coverage Period: Effective: 7/1/2014 Expires 12:01 a.m.:7/1/2015 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 MOC 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 MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Authorized Representative: Date Issued: 5/27/2015 ASCIP is a joint powers authority pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title l of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5/97 24827883 1 152 1 14/15 All Types i Nancy Lopez 1 5/27/2015 10:48:59 AM (PDT) I Page 2 of 2