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HomeMy WebLinkAboutCC 16 SR TRANS SVCS 11-01-93CONSENT CALENDAR NO. 16 11-1-93 Inter-Oom DATE: October 26, 1993 WILLIAM A. HUSTON, CITY MANAGER TO' FROM: COMMUNITY SERVICES DEPARTMENT SUBJECT: 1993/94 FUNDING REQUEST AND AGREEMENT FOR SENIOR TRANSPORTATION , SERVICES - ORANGE COUNTY TRANSPORTATION AUTHORITY RECOMMENDATION: Authorize staff to execute the agreement with the Orange County Transportation Authority for senior citizen transportation services. FISCAL IMPACT'. The proposed contract fee is $7,100 to provide transportation for senior adults to attend the lunch program at the Tustin Area Senior Center. The agreement is for a one-year period. This figure is about $700 less than the amounu requested for 1992/93. Council approved funding for the program as part of the 1993/94 budget proposal. The City portion of the funding is about 17 percent of the cost to provide transportation. Additional funding is through the Area Agency on Aging (AAA) about 33 percent, and the Transportation Development Act (federal money), about 50 percent. BACKGROUND: Orange County Transportation Authority has provided transportation services for senior adults to attend programs at the Senior Center. This year the Authority is requesting $7,100 from the City of Tustin to provide the same level of service. This amount has been included in the 1993/94 budget proposal. An estimated 3,000 seniors are transported each year. Staff feels that the continuation of this program is important to the vitality of many Tustin area seniors who would not be able to participate or have a hot meal if transportaticn were not available. Currently reports regarding "ridership" are only received annually from the Authority. Staff suggests that as a requirement to receive City funds, that "ridership" or a listing of "one way trips" be received quarterly. The attached agreement has been reviewed by the City Attorney. The Authority has provided a certificate of insurance in the proper amount naming the City as an additional insured. Susan M. JoneS, Recreation Superintendent smj3/wah, oct Attachment: Agreement; 14 AGREEMENT THIS AGREEMENT, is entered effective July 1, 1993, by and between the City of Tustin ("PURCHASER") and the Orange County Transportation Authority, a public corporation of the state of California ("AUTHORITY"). WHEREAS, AUTHORITY is experienced in the transportation of seniors, and persons with disabilities? and WHEREAS AUTHORITY is a provider of mass transportation services to meet the special needs of the elderly and persons with disabilities; and WHEREAS, AUTHORITY has entered into Agreement No. C-92-386 with a third party contractor ("CONTRACTOR") to provide transportation services for the elderly pursuant to the Older Americans Act of 1965, as amended; and WHEREAS, AUTHORITY reimburses CONTRACTOR through Agreement. No. C-92-386 wi.th funds pursuant to Article 4.5 of the ~ransportation Development Act of 1972 among other funds to support transportation services in the county; and WHEREAS, PURCHASER is desirous of purchasing "Social Services" transportation service from AUTHORITY. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as f°llows' 1. AUTHORITY, ~hrough its Agreement with CONTRACTOR, assumes all responsibility for the operation, scheduling and maintenance of any vehicles which are to be operated in the performance of this Agreement and cost thereof except to the extent this Agreement provides otherwise. 2. AUTHORITY and/or CONTRACTOR, shall obtain and maintain all licenses, registratiors and accreditations from agencies governing its operation, which are necessa~-¥ for AUTHORITY to perform its obligations under this Agreement. Page 1 of 6 o 4e AUTHORITY shall ensure that CONTRACTOR obtain at its sole cost and file with PURCHASER, prior to exercising any right or performing any obligation pursuant to this Agreement and maintain for the period covered by the Agreement, a policy or policies of general and auto liability insurance and a certificate of such insurances, naming PURCHASER, its officers, agents and employees, as insured or additional insured. CONTRACTOR shall carry General Liability insurance of at least One Million Dollars ($1,000,000.00) per occurrence and auto insurance of combined single limit bodily injury and property damage in the amount of Three Million Dollars ($3,000,000.00) per occurrence. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate-holder named. .. Before CONTRACTOR shall employ any person or persons in the performance of this Agreement, CONTRACTOR shall procure a policy of Workers' Compensation Insurance as required by the provisions of Section 3700 of the California Labor Code: and CONTRACTOR shall furnish to PURCHASER a ~ertificate of Insurance showing that the aforesaid insurance is in full force and effect during the entire term of this Agreement. AUTHORITY, through its agreement with the CONTRACTOR shall employ only qualified drivers to operate any vehicles in performance of this Agreement. Prior to employment, CONTRACTOR shall review the records maintained and available by Department of Motor Vehicles record and regarding each of said drivers. Each of said drivers shall possess and maintain any licenses or certificates required by law and necessar~ for their individual performances on behalf of CONTRACTOR under this Agreement. AUTHORITY, through its agreement with CONTRACTOR shall be solely responsible for the supervision of said drivers Page 2 of 6 lO 11 13 14 15 16 17 19 21 24 25 Ge ~ 9~ 10. in the performance of their duties. Notwithstanding any other provision of this Agreement, AUTHORITY and PURCHASER agree to comply with all applicable federal, state and local laws and regulations. AUTHORITY shall ensure that CONTRACTOR establishes, maintains, and preserves records which include and substantiate costs of all labor and materials related to the performance of this Agreement and documentation which substantiates CONTRACTOR'S performance of transportation services pursuant to this Agreement. % AUTHORITY, through its agreement with CONTRACTOR shall make all ~f the above records available, upon reasonable prior notice, to PURCHASER during regular business hours. AUTHORITY shall hold PURCHASER harmless from and against any and all liability, loss, damage, claims, suits, costs and expenses, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, claimed or arising from any negligent or wrongful act or omission of AUTHORITY, its officers, employees, agents or subcontractors in the performance of this Agreement. PURCHASER shall hold AUTHORITY harmless from and against any and all liability, loss, damage, claims, suits, costs and expenses, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, claimed or arising from any negligent or wrongful act or omission of PURCHASER, its officers, employees, agents or subcontractors in the performance of this Agreement. CONTRACTOR shall pick up, transport and deliver such passengers at and to such locations and at such times as are described in EXHIBIT A - STATEMENT OF SERVICES - attached hereto and by this reference incorporated herein. Page 3 of 6 11. 12. For services provided by AUTHORITY under this Agreement, PURCHASER shall pay AUTHORITY the amount of One Dollar and Twenty-Four Cents ($1.24) per passenger trip up to but not to exceed the amount of Seven Thousand, One Hundred Dollars ($7,100.00), which shall be PURCHASER's total contribution under this Agreement. AUTHORITY shall submit quarterly invoices to PURCHASER for payment pursuant to this Agreement at the close of each of the following periods: for the period July 1, 1993, through September 30, 1993; for the period October 1, 1993, through December 31, 1993; for the period January 1, 1994 % through March 31, 1994; and for the period April 1, 1994, through June 30, 1994. Failure of PURCHASER to pay AUTHORITY amount due under this contract within 60 days from date of invoice shall entitle AUTHORITY to, in addition to any other legal, remedies, available to.~AUTHORITY., su.spend or diminish its. · performance under this Agreemen~ if it so elects. 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 ~r certified mail, return, receipt requested, postage prepaid and addressed as follows- To AUTHORITY' Orange County Transportation Authority 11222 Acacia Parkway Garden Grove, CA 92640 Attention' Contracts Administrator Page 4 of 6 10 14 23 13. 14. 15. / / / / / / / To PURCHASER- City of Tustin P.O. Box 3539 Tustin, CA 92681 Attention' Melissa O'Neal, Recreation Supervisor Any of the parties may cancel this Agreement by giving thirty (30) days written notice of said cancellation to the other party hereto. In the event of termination or cancellation for any reason, AUTHORITY shall return to purchaser % any money or other property allocable to the post termination/cancellation period. The terms of this Agreement shall be one (1) year, or that portion of a year commencing July 1, 1993, and.expiring at the .end of business or 5:'00' p~m. whichever occurs last on June 30, 1994. This document fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No prior written or oral provisions or understanding, betwee~ the parties shall have any force or affect. No addition to or alteration of the terms of this Agreement shall be valid unless made in writing and formally adopted in the same manner as this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. (PURCHASER) By By ORANGE COUNTY TRANSPORTATION AUTHORITY Stan Oftel ie Chief Executive Officer Page 6 of 6 EXHIBIT A 1. The AUTHORITY, through its agreement with a third party CONTRACTOR, shall schedule and operate a vehicle or vehicles Monday through Friday within the present hours of service provided to the identified site or sites in Item 4. Additional service within budgetary constraints may be available outside the regular service hours, 2. The AUTHORITY may, at its discretion, utilize the assigned vehicle or vehicles for any purpose it deems necessary at any time when senior o passengers are not being transported. The AUTHORITY shall assign any equipment it feels appropriate for the needs of the client type and reserve the right to reassign both o equipment and driver as needs change. · Service shall be provided to the following site or sites located at: Tustin Senior Center 200 S. "C" Street Tustin, CA 92680 5. The AUTHORITY, through its CONTRACTOR, may, at its discretion, deny transportation to passengers who may pose a danger to themselves, other passengers or the drivers. 6. All rides provided by the AUTHORITY through its CONTRACTOR shall be on a space available basis. Geographic considerations may affect the AUTHORITY's ability to schedule riders. Further, site managers should be aware that the number of individuals assigned to a given route may affect service quality and route integrity. 7. The AUTHORITY, through its CONTRACTOR, requires that passengers be ready at the agreed pick-up time. The CONTRACTOR's drivers shall wait only five minutes after the scheduled pick-up time. Passengers who need to cancel scheduled rides must do so at least one hour prior to scheduled pick-up times. Additionally, a "No Show" policy provides for removal from the service of passengers who do not comply with this policy. o "Will Call" passengers must notify the CONTRACTOR by 0730 of the . morning they wish to ride. P18.AGR LVB