Loading...
HomeMy WebLinkAbout08 AGREEMENT SENIORSERV/~,~ ~~., Agenda Item 8 /~ /' ~T ( r ~` - ~ \~ J~~ ~A ~~ORT ~ -r-- Re ie ed 1~ 1Z , _ I v w : ~.~~~ ~ ~~~> City Manager ~ , ---'"~ Finance Director MEETING DATE: OCTOBER 4, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DAVID A. WILSON, DIRECTOR, PARKS & RECREATION SERVICES SUBJECT: COOPERATIVE AGREEMENT WITH COMMUNITY SENIORSERV FOR THE NUTRITION TRANSPORTATION PROGRAM AT THE TUSTIN AREA SENIOR CENTER SUMMARY: By entering into the attached Cooperative Agreement with Community SeniorServ (CSS), the City will secure funding that will subsidize the nutrition transportation program at the Tustin Area Senior Center. This is a different transportation program than the OCTA Senior Mobility Program for which City Council recently approved an Agreement. RECOMMENDATION: Staff recommends that the City between Community SeniorSe for the transportation of Tustin time nutrition program. FISCAL IMPACT: Council execute the attached Cooperative Agreement rv and the City of Tustin, which provides partial funding Area Senior Center participants enrolled in the lunch- Per the Agreement, the annual cost of the nutrition transportation program is $14,529. CSS will pay $11,762 of this amount and the remaining City match is $2,767. Funding for the City's portion is already included in the FY 2011-2012 budget. BACKGROUND: Effective July 1, 2011, CSS assumed responsibility for the coordination of funds for the transportation of seniors to centers providing the Orange County's Office on Aging (OOA} senior nutrition program. Prior to this, CSS was only responsible for the nutrition portion and OCTA coordinated the transportation element. With OCTA stepping out of this role at the conclusion of the 2010-2011 fiscal year, OOA awarded the contract for both the transportation and nutrition elements to CSS. The attached Cooperative Agreement has cone-year term with a provision for two, one- year extensions. It details the funding and operational guidelines for providing accessible transportation of local, qualified seniors to the Tustin Area Senior Center for lunch as well as associated activities. This Agreement will allow for the program to function as it has in previous years including the fact that the transportation services will continue to be conducted by Yellow Cab Co. as a third-party contractor. The only changes are minor and include the inclusion of a donation box for voluntary Page 2 contributions and some additional reporting and volunteer requirements. This matter has been reviewed by the been approved as to form. City Attorney's office and the Cooperative Agreement has Based on this analysis, it is staff's recommendation that entering into the Cooperative Agreement with CSS would be advantageous to the Tustin Area Senior Center and the City of Tustin. v~ ~`~ ~~ ,. David A. Wilson Dreotsr, Parks and Recreation Services Attachment: Community SeniorServ Cooperative Agreement COOPERATIVE AGREEMENT FOR THE NUTRITION TRANSPORTATION PROGRAM (COMMUNITY SENIORSERV AND THE CITY OF TUSTIN) This Cooperative Agreement ("Agreement") is made and entered into this day of 2011, by and between the Community SeniorServ, anon-profit corporation of the State of California (hereinafter referred to as "SENIORSERV"), and the City of Tustin (hereinafter referred to as "CITY"). RECITALS WHEREAS, SENIORSERV has been retained by the Orange County's Office on Aging ("QOA") to act as a funding agency for Title III Nutrition Transportation Funds. WHEREAS, CITY is a participant in the OOA senior nutritional program and desires to obtain transportation services for seniors of the CITY who qualify for the program; and WHEREAS, SENIORSERV and CITY wish to provide accessible transportation services to qualified seniors; and WHEREAS, SENIORSERV intends to provide funds in an amount not to exceed $11,762. NOW, THEREFORE, SENIORSERV and CITY agree as follows: AGREEMENT 1. TERM OF AGREEMENT: The term of this Agreement shall begin on July 1, 2011 and shall continue in full force and effect and shall extend through June 30, 2012, as mutually agreed to by both parties. This Agreement may be extended through 2 one-year extensions upon mutual written agreement of both parties. 2. TERMINATION SENIORSERV or CITY may, without cause, terminate this Agreement at any time in whole or in part by giving the other party written notice thereof of not less than one hundred and twenty (120) days. 3. SEN(ORSERV RESPONSIBILITIES A. SENIORSERV shall provide funds in the amount of $11,762 for the senior transportation program ("Program"), as outlined in the Scope of Services attached as Exhibit A, using funds obtained from the Older Americans Act as allocated by Orange County's OOA ("Funds"). The Funds shall be used to provide Program-related services from July 1, 2011 through June 30, 2012. 77S9S2. ] B. SENIORSERV shall obtain, administer, and coordinate the Funds with the OOA. C. SENIORSERV shall enter into an Agreement with a third party contractor ("CONTRACTOR") to administer and provide transportation services for the eligible seniors, pursuant to the Older Americans act of 1965 as amended, and in accordance with this Agreement. SENIORSERV shall be responsible for reimbursing CONTRACTOR for the total amount of services provided by CONTRACTOR under this Agreement. D. SENIORSERV shall submit monthly invoices to the CITY for payment pursuant to this Agreement within 30 days after receiving invoice from CONTRACTOR. E. Before this Agreement becomes effective, SENIORSERV shall ensure that CONTRACTOR maintain primary insurance coverage during the entire term of this Agreement and provide evidence of such to the CITY. SENIORSERVE shall warrant and ensure that CONTRACTOR shall not commence any work before obtaining the insurance required under this provision. CONTRACTOR shall obtain the following insurance coverage to the satisfaction of CITY and SENIORSERV: 1. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000.00 per occurrence including insurance endorsement. 2. Commercial Auto liability insurance with a combined single limit of not less than $1,000,000.00 per occurrence. 3. CONTRACTOR shall also obtain an Additional Insured Endorsement designating SENIORSERV, CITY, their officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of this Agreement. All endorsements shall reference that the insurance shall be primary and non-contributory. CONTRRCTOR's insurance coverage shall be primary with respect to SENIORSERV, CITY and their respective elected officials, officers, employees, agents, and volunteers. 4. CITY RESPONSIBILITIES A. CITY agrees to pay SENIORSERV One Dollar and Eighty Eight Cents ($1.88) per passenger trip up to, but not to exceed, the amount of $2,767 for the services provided under this Agreement between July 1, 2011 through June 30, 2012. B. CITY shall pay SENIORSERV all amounts due within 30 days of receiving the invoice, unless the amounts are disputed. If there is a dispute concerning the invoice, CITY shall list the amount in question and the reasons for the dispute. Unless there is a dispute, failure of City to pay SENIORSERV amount due under this contract within 60 days from date of invoice shall entitle SENIORSERV to, in addition to any other legal remedies available to SENIORSERV, suspend its performance under this Agreement if it so elects. C. CITY shall collect donations for the Program in accordance with the Scope of Services. D. CITY shall comply with any reporting requirements to the OOA, in accordance with the Scope of Services. 775952. i 5. NOTICES All Notices pertaining to this Agreement and any communications from the parties may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO CITY City of Tustin 300 Centennial Way Tustin, CA 92780 ATTENTION: City Manager (714/ 573-3000) TO SENIORSERV Community SeniorServ 1200 Knollwood Anaheim, CA 92801 ATTENTION: JANETH VELAZQUEZ Director of Congregate Sites and Nutrition Transportation (714/229-3354) Notice shall be deemed effective either: (1) on the date personally delivered to the address below, as evidenced by written receipt therefore, whether or not actually received by the person to whom addressed; (2) on the third (3rd) business day after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (3) on the first (1st) business day after being deposited into the custody of a nationally recognized overnight delivery service (i.e., FedEx Corporation, UPS, or DHL) addressed to such party at the address specified below; or (4) on the business day sent via facsimile transmission to the facsimile numbers below, as evidenced by a printed confirmation of the successful electronic transmission of the message prior to 2:00 p.m. (Pacific Standard Time), or otherwise delivery shall be considered to be on the following business day. 6. FEDERAL. STATE AND LOCAL LAWS: SENIORSERV and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California state and local laws, statutes and ordinances and all lawful orders, rules and regulations. 7. AUDIT AND INSPECTION OF RECORDS CITY shall provide SENIORSERV, or other agents of SENIORSERV, such access to CITY's accounting books, records, payroll documents and facilities, as reasonably necessary in order to carry out the obligations of this Agreement. Access must be reasonably made available within 30 days after notice by SENIORSERV. CITY shall maintain such books; records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to SENIORSERV and/or OOA during CITY's performance hereunder and for a period of five (5) years from the date of the termination or expiration of this Agreement or according to the CITY's record retention policy, whichever is shorter. 775952.1 8. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless SENIORSERV, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the sale negligence or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers arising out of or related to the performance of this Agreement. B. SENIORSERV shall indemnify, defend and hold harmless CITY, its officials, officers, directors, employees and agents. from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligence or willful misconduct by SENIORSERV, its officers, directors, employees, agents, subcontractors or suppliers arising out of or related to the performance of this Agreement. 9. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or facilities by the federal, state or local government; national fuel shortage; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the non-performing party. 10. AUTHORITY TO ENTER INTO AGREEMENT The persons executing this Agreement on behalf of SENIORSERV warrants that they are duly authorized to execute and deliver this Agreement on behalf of said party, and by so executing this Agreement, such party is formally bound to .the provisions of this Agreement. 11. CONFLICT OF INTEREST No officer or employee of the CITY shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his financial interest or the financial interest of any corporation, partnership or association in which he is directly or indirectly interested, in violation of any state statute or regulation. SENIORSERV warrants that it has not paid or given and shall not pay or give any third party any money or other consideration for obtaining this Agreement. 12. RELATIONSHIP Nothing contained in this Agreement shall be construed as creating the relationship of principal and agent or of partnership or joint venture between CITY and SENlORSERV. 775952.] 13. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of CITY shall be personally liable to SENIORSERV, or any successor-in- interest, in the event of any default or breach by the CITY or for any amount that may become due to SENIORSERV or to its successor, or for breach of any obligation of the terms of this Agreement. 14. NON-DISCRIMINATION SENIORSERV covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through it, that, to the extent permitted by law, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, gender, marital status, sexual preference, domestic partnership status, national origin or ancestry in the perFormance of this Agreement. 15. WAIVER No delay or omission in the exercise of any right or remedy by anon-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 16. COMPLETE AGREEMENT This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the Agreement between SENIORSERV and CITY and supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s) of the Agreement. [SIGNATURES ON FOLLOWING PAGE] 775952.1 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. CITY OF TUSTIN Mayor ATTESTED: City Clerk APPROVED AS TO FORM: ~~~~ City Attorney COMMUNITY SENIORSERV Name: Title: Tax ID No. Date: Date: Date: v ~ n~~ ~ed ~,~ l/ Date: If SENIORSERV is a corporation, a Corporate Resolution and/or Corporate Seal is required. If a partnership, Statement of Partnership must be submitted to City. 77S9S2.I EXHIBIT A SCOPE OF SERVICES Program Guidelines: • Participants must be 60 years of age and older and resident of Tustin. • Participants must be registered with Community SeniorServ Congregate Meal Program. City will identify a person to act as the Site Manager for the Transportation Program. Payments: • For the CSS portion of the funding for the transportation program (Section 3.A.), CSS will pay the third party contractor directly • For the City portion of the funding for the transportation program (Section 4.A.), City will pay CSS directly. Intake Form: • An intake form must be filled out by any senior wishing to participate in the program • Community SeniorServ (CSS) will supply intake forms but City may also use their own form. • City will send all completed intake forms to CSS on a weekly basis Weekly Donations: • The Senior Transportation Program follows Title III as a donation based program. • CSS will provide a donation box which the City will place near the facility entry to give participants the ability to donate to the program • The suggested donation is $0.50 per trip but no one will be denied the program based on their inability to donate • City will ensure that donations are counted and verified by two people on a daily basis. • City will ensure that the donation report is filled out on a daily basis and that the site manager will deposit the money in the bank on a weekly basis. . Weekly Roster: • All participants under the Senior Nutrition Transportation Program roster must match the weekly raster of those eating at the lunch program. • Along with the name of the participant, the days of the week he/she is being transported to the site as well as whether it was a 1 or 2 way trip should be included on the roster. • Weekly Rosters must be submitted on a weekly basis. Monthly Volunteer Hours: • In-Kind hours are required for this program in the form of volunteer hours. • The minimum total is 30 minutes per day of volunteer work. • Volunteer duties are at the discretion of the site as long as the task is related to the transportation program. Greeting participants, filling out the roster, and counting the donations are all acceptable examples. • All volunteers must sign in/out using the Volunteer Reporting Form to log their hours. • The Volunteer Reporting Farm is due monthly (1St of every month) with a total of the volunteer hours worked in support of the transportation program. All reports will be sent to Community SeniorServ either via the Site Manager or by mail: Community SeniorServ Janeth Velazquez, MPH, CHES Director of Field Services 1200 N. Knollwood Circle Anaheim, CA 92801 ~~s9sz.t