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HomeMy WebLinkAboutDurham School Services, LP - 2024-06-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DURHAM SCHOOL SERVICES, LP FOR SHUTTLE SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Durham School Services, LP, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of shuttle services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Paul Egger, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-14636/343907 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed One Hundred Twenty Thousand Dollars ($120,000) for the term of this Agreement b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence June 1, 2024, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate May 31, 2026, unless terminated earlier in accordance with the provisions of this Agreement. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation,all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-14636/343907 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 24-14636/343907 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing,both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice;however,ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24-14636/343907 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,shall not bind or obligate Contractor or the City. 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. 24-14636/343907 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid,and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Durham School Services, LP Attn: Director of Community& Library Services Attn: Paul Egger 2000 Main Street 2601 Navistar Drive Huntington Beach, CA 92648 Lisle, IL 60532 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24-14636/343907 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define,limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 24-14636/343907 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement,maintain all necessary licenses,permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24-14636/343907 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-14636/343907 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a DURHAM S HOOL SERVICES, LP municipal corporation of the State of California a Ti Tm Wertner Print name ITS: (circle one) Chairma residen Vice President City Clerk ANT By: 4 ,0 r INITIATED AND APPROVED: _Kristin Aleman Print name ITS: (circle one) Secretar Financial irec of/ o unity& Officer/Asst. Secretary reasurer Library--S€rvice APPROVE S TO FORM: City Attorney PJ.. REVIEW AN I APPRO ED: City Manager 24-14636/343907 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach offers recreational camps and excursions for youth ages 5 to 21. Occasionally we require transportation for families of all ages. For youth programs, there is a seasonal day camp that operates during the summer for ten (10) weeks and other school holiday breaks for one (1) week at a time. During the weeklong camps there is typically two (2) all-day field trips approximately from 9am to 4pm. At this time, all camp trips originate from Murdy Park (7000 Norma Drive, HB 92648). Additionally,there are twelve (12) youth and family excursions planned once a month in the time period ranging from September 2024 to March 2026 originating from a Huntington Beach park and traveling within Southern California from approximately 9am to 4pm. Vehicle and Accommodations: 1. All buses shall have the following accommodations: a. SPAB Contractors fleet must consist of no less than five (5),fifty-five(55) passenger coaches. i. SPAB Contractors fleet must consist of at least one (1), wheelchair capable coach with minimum seating capacity of forty-three(43), ambulatory passengers and one (1) wheelchair passenger. b. School Bus Contractors services will be provided using a mixed fleet consisting of: i. Transit Buses (78 passenger +1), and ii. Ambulatory vans (minimum 18 passenger), and iii. Wheelchair vans (minimum 3 wheelchair and 2 ambulatory passengers) c. Public Address system d. Communication with Firm's base station operation e. ADA Compliant f. Provide a clean on-board bus restroom for rider and staff use. 2. Age of Equipment: a. It is the City's strong preference that all vehicles not be more than seven(7) years old at any time during this contract. An exception to this requirement may be granted by the City but will not exceed ten(10) years old. Approval in writing must be received from the City prior to assignment of said vehicles. All vehicles, including spares, must meet the age criteria in order to be acceptable for use under this Contract. 24-14636/343907 11 b. Fully functioning air conditioning and heating is critical. All vehicles shall be properly certified and meet all requirements of the Federal Motor Vehicles Code, and Rules and Regulations, California Vehicles Code, and Rules and Regulations of the South Coast Air Quality Management District. Bus Maintenance a. The Contractor is responsible for incurring any costs associated with any and all materials,parts, labor, oil and fuel for the buses provided to the City. The Contractor must provide preventative maintenance on all buses in a consistent and frequent manner. Maintenance records must be available upon City's request. b. Transportation failure is unacceptable; however, if such failure occurs,the Contractor must have the ability to repair such failure and/or provide back-up transportation while meeting the scheduled time frames for that day. Repairs or back up transportation must be conducted within a one (1) hour period and carried out in a professional, expedient and safe manner on behalf of all passengers. Contractor must have standby buses with drivers available at all times. The City will be not required to pay for the duration of time the bus is inoperable. Furthermore, if the Contractor does not respond adequately, and the City is forced to utilize another method of transportation, the Contractor shall be.responsible for paying the difference in fees resulting from the alternate method. Staffing,Vehicle, and Safety Requirements: 1. Staff Requirements a. The vendor shall comply with all federal, state, and local regulations to include, but not limited to: DOT, ADA, California DMV, and Cal/OSHA. Drivers employed with the vendor must have previous experience in providing transportation services, must have a valid California Class B Drivers' license with Passenger Endorsement, and shall comply with the following: i. Drivers shall have no revocation of their driver's license in the past five (5) years. ii. Drivers shall nave no moving violations or accidents in the past three (3) years. iii. Drivers shall be a minimum of 21 years of age. iv. Drivers shall not use alcohol or drugs while on duty and shall not abuse such at any time. v. Drivers shall not smoke while on duty or in the presence of clients. vi. Drivers shall have an appropriate class license. vii. Drivers shall adhere to all DOT/DMV passenger safety requirements. viii. All contractor's employees that may have contact with youth must be DOJ background checked pursuant to California Education Code Section 24-14636/343907 12 10911.5. ix. The bus operator must deliver superior customer service and demonstrate sensitivity to the special needs of older adults and youth. x. The bus operator must wear a uniform, provided by the contractor. Bus Cancellations The City has the right to cancel buses for any type trip or event due to poor attendance, inclement weather, etc. There will be no cancellation/change fee charged to the City if the cancellation/changes are made at least 48 hours in advance. Contractor should specify cancellation policy and who should be notified in their proposal. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The Contractor is fully responsible for their buses while parked on City property or at any destination. Any possible damage to buses while parked on City or destination property shall be the full responsibility of the Contractor. This includes any vandalism or damage resulting from acts of God such as flooding, rainstorms, wind damage, etc. Contractor must arrange to remove any damaged buses off City or destination property within 24 hours. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-14636/343907 13 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the 24-14636/343907 14 parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 24-14636/343907 15 L.^r1IoI I O national ,�f} Pricing Details express. I D U R M A M charter ••��••••• •• ( ^ V^• l J Service: Chartered transportation services. Bus Type: School Bus 0 Bus Size: 0 Buses will typically accommodate 78-82 children (50-52 adults). All buses operated by licensed School Bus Drivers. Smaller and lift equipped buses also available. Fleet list attached for review. Billable Time: Transportation services will be billed at the indicated "live" hourly rate with a minimum callout time of 5-hours per vehicle. Billable Rate: 5-hour Minimum Call Out: $576.60 (/) Excess Hour: $85.00 '0^ Fuel Surcharge: �.J To provide the best possible pricing our fuel surcharge is applied to actual total miles traveled portal-to-portal. The surcharge only applies when r-i- diesel prices exceed $6.00/gal (current AAA diesel prices for Orange County Area). The surcharge, is applied at a rate of$0.05/mile for each r-t $0.25 increment pricing escalates above$6.00/gal. For example, a diesel • rate of$6.01-6.25/gal, a surcharge of$.05/mile would be applied,for a 0 diesel rate of$6.26-$6.50/gal a surcharge of$0.10/mi would be applied, and so on. Additional Charges: Cleaning beyond what is normal and customary, $75.00. Biological cleanup as quoted. Buses cancelled within 48-hours of trip: $250.00/Bus Late bookings/changes within two (2) buses days subject to a fee of $50.00/bus. Any tolls/parking charges are the responsibility of the chartering party. All transportation services are provided As Needed/As Available. Carrier's ability to provide service to be determined at the time of request. .414 fi DURHAM SCHOOL SERVICES June 18, 2024 Via Federal Express City of Huntington Beach Attention: Community& Library Services Department- Kristin Martinez 2000 Main Street Huntington Beach,CA 92648 Re: City of Huntington Beach —Service Agreement Dear Ms. Martinez: Enclosed please find a partially executed copy of the Service Agreement between the City of Huntington Beach and Durham School Services,L.P. Please provide a fully executed copy of the agreement via email to Paul Egger at Paul.Egger@nellc.com and to Britt Bogust at bbogust@durhamschoolservices.com. If you should have any questions, please contact me at 630-821-5785. Best regards, Willette ooper Contracts Management Specialist Enclosures cc: Paul Egger Britt Bogust national express. I school 2601 Navistar Drive I Lisle, IL 60532 I P:800.950.0485 I durhamschoolservices.com FULL-SERVICE TRANSPORTATION•ROUTE OPTIMIZATION AND SCHEDULING •SPECIAL NEEDS EXPERTISE•CHARTER BUS SERVICE .r" t-! Page 1 of 2_ DATE(MMlDDlYY1'Y) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 0E(MMmD024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER,THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS.WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Northeast, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd (A/C.No.Extl: (WC.No): P.O. Box 305191 E-MAIL certificates@willis.com ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: ACE.American Insurance Company 22667 INSURED INSURER B: Old Republic Insurance Company 24147 National Express LLC Durham School Services, L.P. INSURERC: 2601 Navistar Drive INSURER 0: Lisle, IL 60532 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W33842658 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP. LIMITS LTRINSD WVD POLICY NUMBER (MMIDD/YYYYI IMM!DDFYYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR' DAMAGE TO RENTED 5,000,000 PREMISES(Ea occurrence) S A MED EXP(Anyone person) $. 5,000 Y Y HDO C48901657 11/01/2023 11/01/2024 PERSONAL$ADVINJURY S 5,000,000 GENT-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $' 5,000,000 X POLICY PRO• LOC PRODUCTS-COMP/OPAGG S 5,000,000 JECT OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A — OWNED ^ SCHEDULED Y- Y ISA H10821526 11/01/2023 11/01/2024 BODILY INJURY(Per accident $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ $ UMBRELLALIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY B ANYPROPRIETORIPARTNERIEXECUTIVE .YIN E.L.EACH ACCIDENT 3,000,000 OFFICERIMEMBEREXCLUDED? No NIA WIC 319263 23 11/01/2023 11/01/2029 3,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $. Des describe under 3,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ AP ROVED AS TO FORM i:L\ PS; DESCRIPTION OFOPERATIONS/LOCATIONS'VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is requi I C HA EL L. GATES Re: Operations of the Named Insured. CITY ATTORNEY CITY OF HUNTINGTON BEACH The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as an Additional Insured as respects to General Liability and Auto Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach AUTHORIZED REPRESENTATIVE 2000 Main Street / Huntington Beach, CA 92648-2702 f� 001988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 25987052 BATCH: 3493311 ir AGENCY CUSTOMER ID: ++� LOC#: ® ACCPRO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED National Express LLC Willis Towers Watson Northeast, Inc. Durham School Services, L.P. POLICYNUMBER 2601 Navistar Drive See Page 1 Lisle, IL 60532 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds where required by written contract. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability and Auto Liability where required by written contract. Sexual Abuse Liability Coverage is included in the General Liability policy. ACORD 101(2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25987052 BATCH:3493311 CERT: W33842658 12 POLICY NUMBER: 'HDO;G48901657 Endorsement Number: 62 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):. City of Huntington Beach,its officers,:elected or appointed officials,employees, agents andF volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III-Limits.Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement or 1. In the performance of your ongoing operations; or 2. Available under the applicable limits of 2. In connection with your premises owned by or insurance; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable limits of insurance. insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by .a contract or agreement, the insurance .afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26°1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number NATIONAL EXPRESS DURHAM HOLDING CORPORATION, 7 NATIONAL EXPRESS LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G48901657 11/1/2023 TO 11/1/2024 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss; (If no information is filled in, the schedule shall read:"All persons or entities added as additional insureds through an endorsement with the term "Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to Section IV.4.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the 'Additional Insured") for a loss we cover under this policy,this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Agent. LD-20287(06I06) Page 1 of 1