HomeMy WebLinkAboutNational School District - Bus Services - 2025 CT4312
SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NATIONAL SCHOOL DISTRICT
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a
municipal corporation ("CITY"), and NATIONAL SCHOOL DISTRICT, a school district duly
organized and validly existing under the laws of the State of California("DISTRICT").
NOW, THEREFORE, CITY agrees to engage DISTRICT to perform the services set forth
herein in accordance with the following terms and conditions:
1. DESCRIPTION OF SERVICES. DISTRICT shall provide bus services for two
trips as outlined in attached proposal, Exhibit"A".
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall
not become effective and binding until fully executed by both the CITY and DISTRICT. The
duration of this Agreement is from the effective date through July 3I, 2025.
3. COMPENSATION. The total compensation to DISTRICT for providing the
services set forth herein shall not exceed a one-time cost of $1,650.00. The compensation for
DISTRICT'S work shall be based upon and not exceed the rates given in Exhibit "B" (service
rates) without prior written authorization from CITY.
4. PAYMENT SCHEDULE. CITY will make payment within thirty (30) days of
receiving and approving a billing statement for the satisfactorily completed services of DISTRICT.
5. ACCEPTABILITY OF WORK. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance, and/or the
compensation payable to the DISTRICT.
6. INDEPENDENT CONTRACTOR. It is agreed that DISTRICT is an
independent DISTRICT, and all persons working for or under the direction of DISTRICT are
DISTRICT's agents, servants, and employees, and said persons shall not be deemed agents,
servants, or employees of CITY.
7. DRUG FREE WORKPLACE. The DISTRICT agrees to comply with the
CITY's Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug-free workplace. Any
subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this
provision.
8. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition.The DISTRICT will take positive action to insure that applicants are employed
Standard Short Form Agreement Page 1 of 7 City of National City and
Revised January 2024 National School District
C T4r2
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by the CITY setting
forth the provisions of this non-discrimination clause.
9. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, the DISTRICT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss,damages to property, injuries to,or death of any person or persons,and all claims,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the DISTRICT's performance or other obligations under this Agreement; provided,
however, that this indemnification and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the CITY, its agents,officers,
employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and
DISTRICT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
10. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
10.1 PERS Eligibility Indemnification. If DISTRICT's employee(s)providing services
under this Agreement claims,or is determined by a court of competent jurisdiction or the California
Public Employees Retirement System("PERS")to be eligible for enrollment in PERS of the CITY,
DISTRICT shall indemnify, defend, and hold harmless CITY for the payment of any employer
and employee contributions for PERS benefits on behalf of the employee as well as for payment
of any penalties and interest on such contributions which would otherwise be the responsibility of
the CITY.
DISTRICT's employees providing service under this Agreement shall not: (I)
qualify for any compensation and benefit under PERS;(2)be entitled to any benefits under PERS;
(3)enroll in PERS as an employee of CITY; (4)receive any employer contributions paid by CITY
for PERS benefits;or(5)be entitled to any other PERS-related benefit that would accrue to a CITY
employee. DISTRICT's employees hereby waive any claims to benefits or compensation
described in this Section 10. This Section 10 applies to DISTRICT notwithstanding any other
agency,state, or federal policy,rule, regulation, law,or ordinance to the contrary.
10.2 Limitation of CITY Liability. The payment made to DISTRICT under this
Agreement shall be the full and complete compensation to which DISTRICT and DISTRICT's
officers, employees, agents, and subcontractors are entitled for performance of any work under
this Agreement. Neither DISTRICT nor DISTRICT's officers, employees, agents, and
subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe
benefits applicable to CITY employees. The CITY will not make any federal or state tax
Standard Short Form Agreement Page 2 of 7 City of National City and
Revised January 2024 National School District
CT4312
withholdings on behalf of DISTRICT. The CITY shall not be required to pay any workers'
compensation insurance on behalf of DISTRICT,
10.3 Indemnification for Employee Payments. DISTRICT agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of (I)
DISTRICT, (2) any employee of DISTRICT, or(3)any employee of DISTRICT construed to be
an employee of the CITY, for work performed under this Agreement. This is a continuing
obligation that survives the termination of this Agreement.
1 I. INSURANCE. DISTRCIT shall obtain:
A. ❑ If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of$1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non-owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds,and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance,with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations,work,or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to this"project"or"location". The "project" or"location" should be noted with specificity
on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of DISTRICT'S employees and employers' liability insurance
with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a
waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If DISTRICT has no employees subject to the California Workers'
Compensation and Labor laws, DISTRICT shall execute a Declaration to that effect. Said
Declaration shall be provided to DISTRICT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers,employees,and volunteers,so that any other policies held by the CITY shall not contribute
to any loss under said insurance. Said policies shall provide for thirty(30)days prior written notice
to the CITY's Risk Manager,at the address listed in subsection G below,of cancellation or material
change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers,agents,employees,and volunteers as
additional insureds,and separate additional insured endorsements shall be provided.
G. The Certificate Holder for all policies of insurance required by this Section
shall be:
Standard Short Form Agreement Page 3 of 7 City of National City and
Revised January 2024 National School District
CT4312
City of National City
c/o Risk Manager
1243 National City Boulevard
National City,CA 91950-4397
H. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions)of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
I. Insurance shall be written with only insurers authorized to conduct business
in California which hold a current policy holder's alphabetic and financial size category rating of
not less than A:VI[ according to the current Best's Key Rating Guide, or a company of equal
financial stability that is approved by the City's Risk Manager. In the event coverage is provided
by non-admitted "surplus lines" carriers, they must be included on the most recent List of
Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with,and approved by the
CITY's Risk Manager. If the DISTRICT does not keep all insurance policies required by this
Section 1 1 in full force and effect at all times during the term of this Agreement, the CITY may
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self-insured retentions in excess of ten-thousand dollars
($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the
insurance requirements of this Section 11, including limits, based on the nature of the risk, prior
experience, insurer,coverage, or other special circumstances.
L. If the DISTRICT maintains broader coverage or higher limits(or both)than
the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the DISTRCIT. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the CITY.
12. TERMINATION. CITY may terminate this Agreement at any time by providing
one(1)day's written notice to DISTRICT.
13. BUSINESS LICENSE. DISTRICT must possess or shall obtain a business license
from the National City Finance Department before beginning work.
14. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,
1720.4,and 1771. DISTRICT is solely responsible to determine if state prevailing wage rates apply
and, if applicable, pay such rates in accordance with all laws,ordinances, rules,and regulations.
15. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday,or federal, state,or legal holiday,then such date
Standard Short Form Agreement Page 4 of 7 City of National City and
Revised January 2024 National School District
C 14312
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday,or federal, state,or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein,the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto,to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.To the extent any exhibits,schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement will control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. DISTRICT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California. The DISTRICT shall comply with all laws, including federal, state, and local laws,
whether now in force or subsequently enacted.
J. Audit. I f this Agreement exceeds ten-thousand dollars($10,000),the parties
shall be subject to the examination and audit of the State Auditor for a period of three (3) years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof.No subsequent agreement, representation,or promise made
by either party hereto,or by or to an employee,officer,agent,or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the
DISTRICT identified in this Agreement. The DISTRICT shall not subcontract any portion of the
work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In
the event any portion of the work under this Agreement is subcontracted,the subcontractor(s)shall
be required to comply with and agree to, for the benefit of and in favor of the CITY, both the
insurance provisions in Section 11 and the indemnification and hold harmless provision of Section
9 of this Agreement.
Standard Short Form Agreement Page 5 of 7 City of National City and
Revised January 2024 National School District
CT4312
N. Construction. The parties acknowledge and agree that(i)each party is of
equal bargaining strength,(ii)each party has actively participated in the drafting,preparation and
negotiation of this Agreement,(iii)each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
any rule or construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement,or any portions hereof,or any amendments
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year written below.
CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT
(Corporation signatures of two corporate officers required)
(Partnership or Sole proprietorship—one signature)
By: By: N t lotActirt6P2eidi,A
Scott Huth, Interim City Manager Leighangela rady, Ed
Superintendent
Date: "•04- '45
Date: 1/345
APPROVED AS TO FORM: By: (Name) J 1 G f'1 F 1 a Brady
--�- (Title) J J pet'in klidCn�-
By: d tzttj
Barry J. Sc(u Date: 7l '/25
City Attorney
Date: 7/5/1i—
CONTACT INFORMATION
CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT
1243 National City Boulevard 1500 N.Avenue
National City,CA 91950-4397 National City,91950
Phone: (619)336-4352
Fax: (619)336-4292 Phone: (619)336-7706
Contact: Elyana Delgado Fax:
Standard Short Form Agreement Page 6 of 7 City of National City and
Revised January 2024 National School District
CT4312
Title: Recreation Supervisor Contact: Candace Byerly
Dep.: Community Services Department Title: Director of Transportation
Email: edelgado@nationalcityca.gov Email: cbyerly@nsd.us
Taxpayer I.D. No.:
Standard Short Form Agreement Page 7 of 7 City of National City and
Revised January 2024 National School District
Exhibit A
Fieldtrips
• Thursday, July 10th, 2025- Birch Aquarium
o Starting/Ending location: Casa de Salud Youth Center 1408 Harding Ave.
National City
• Departure time: 12:45 pm
o Destination: Birch Aquarium 2300 Expedition Way, La Jolla, CA 92037
• Departure time: 4:00 pm
• Thursday, Julyl7th, 2025-Torrey Pines
o Starting/Ending location: Casa de Salud Youth Center 1408 Harding Ave.
National City
• Departure time: 12:45 pm
o Destination:Torrey Pines State Natural Reserve 12600 N Torrey Pines Rd, La
Jolla, CA 92037
• Departure time: 5:00 pm
National School District Exhibit B
•
Transportation Department INVOICE# 2025/1
1500 N Ave. National City CA, 91950
■
(619)336-7706 1-0
O dar Invoice Date: 8/1/2025
Reserved by/for: National City Recreation Department
Transportation Period: 7/2025
Month Description of Services Total Cost
7/10/2025 Field Trip Services from: Casa de Salud Youth Center 1 bus/driver
$800.00
7/17/2025 Field Trip Services from : Casa de Salud Youth Center
1408 Harding Ave. National City To:Torrey Pines State
Natural Reserve 12600 N Torrey Pines Rd, La Jolla, CA
92037
$850.00
Budget Code: 0100 9820000 0000 3600 5800650 038
Total Due $1,650.00
THANK YOU!
Southern California CERTIFICATE OF COVERAGE Issue Date 6/18/2025
Protected Insurance Program for Schools
ADMINISTRATOR: LICENSE# 0451271 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
901 Calle Amanecer,#200 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
San Clemente, CA 92673 AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
800-654-8102
ENTITY A: Southern California ReLiEF
COVERED PARTY: ENTITY B: Protected Insurance Program for Schools
National School District
1500 N Avenue ENTITY C:
National City CA 91950 ENTITY D:
ENTITY E:
THIS IS TO CERTIFY THAT THE COVERAGES 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ RETAINED LIMIT LIMITS
LTR DOCUMENTS EXPIRATION DATE /DEDUCTIBLE
A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
[✓GENERAL LIABILITY SCR 01712-09 7/1/2024 $ 25,000 $ 1,000,000
[ CLAIMS MADE [✓OCCURRENCE
[✓GOVERNMENT CODES 7/1/2025
[✓ERRORS&OMISSIONS
[✓SEXUAL ABUSE AND MOLESTATION
[ ]
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
[✓ANY AUTO SCR01712-09 7/1/2024 $ 25,000 $ 1,000,000
[✓HIRED AUTO 7/1/2025
[✓NON-OWNED AUTO
[✓GARAGE LIABILITY
[✓AUTO PHYSICAL DAMAGE
A PROPERTY SCR 01712-09 7/1/2024 $ 50,000 $ 250,250,000
[ ALL RISK 7/1/2025 EACH OCCURRENCE
[ EXCLUDES EARTHQUAKE&FLOOD
[ ]BUILDER'S RISK
A STUDENT PROFESSIONAL LIABILITY SCR 01712-09 7/1/2024 $ 25,000 $ Included
7/1/2025 EACH OCCURRENCE
B WORKERS COMPENSATION [ ]WC STATUTORY LIMITS [✓] OTHER
[1,4 EMPLOYERS'LIABILITY PIPS4180 7/1/2024 $
7/1/2025 $ 1,000,000
E.L.EACH ACCIDENT
EXCESS WORKERS COMPENSATION
$ 1,000,000
[ ]EMPLOYERS'LIABILITY $ E.L.DISEASE-EACH EMPLOYEE
$ 1,000,000
E.L.DISEASE-POLICY LIMITS
OTHER $
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
For the Short Form Services Agreement between National School District and The City of National City to provide bus services for two trips.
Agreement Term:June 17,2025-July 31,2026.
This coverage shall be primary to the certificate holder's coverage,but only as respects to liability arising directly from the actions and
activities of the Covered party.The insurance of the Additional Covered Party shall not be called upon to contribute to a loss covered by the Covered
Party's coverage.General Liability Aggregate of Two Million Dollars($2,000,000)provided as required by the agreement.
CERTIFICATE HOLDER:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of National City THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
1243 National City Boulevard ACCORDANCE WITH THE POLICY PROVISIONS
National City CA 92950
John Stephens AUTHORIZED REPRESENTATIVE
www.eCertsOn1 ine.co,n
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DISCLAIMER
The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing
entity(ies),authorized representative or producer,and the certificate holder.nor does it affirmatively or negatively
amend,extend or alter the coverage afforded by the coverage documents listed thereon.
deroOntlnecan
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ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR
National School District SCR 01712-09 Keenan &Associates
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under"as respects" below.
Additional Covered Party:
Cit of National City
123 National CityBoulevard
National City CA 92950
As Respects:
For the Short Form Services Agreement between National School District and The City of National City to
provide bus services for two trips. Agreement Term:June 17, 2025-July 31, 2026. This coverage shall be
primary to the certificate holder's coverage, but only as respects to liability arising directly from the actions and
activities of the Covered party.The insurance of the Additional Covered Party shall not be called upon to
contribute to a loss covered by the Covered Party's coverage.General Liability Aggregate of Two Million Dollars
($2,000,000) provided as required by the agreement.
City of National City and its officers, agents, employees, and volunteers are additional covered parties.
Authorized Representative
Issue Date: 6/18/2025
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