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Home My WebLink About06 SR TRANS SVC FDNG 09-06-94NO. 6 9-6-94 Inter-Com DATE: August 17, 1994 TO: FROM: SUBJEC~ WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT 1994/95 FUNDING REQUEST TRANSPORTATION SERVICES - AUTHORITY AND AGREEMENT FOR SENIOR ORANGE COUNTY TRANSPORTATION RECOMMENDATION: Authorize staff to execute Transportation Authority services. the agreement for senior with the Orange County citizen transportation FISCAL IM~ACT: 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 included in the 1994/95 budget proposal which is the same amount requested last year. The City portion of the funding is about 18 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 the congregate nutrition program at the Senior Center. This year the Authority is requesting $7,100 from the City of Tustin to provide the same level of service. An estimated 3,500 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 have a hot meal if transportation 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 smj~/OCTAAgre.WAH Attachment: Agreement 5 6 7 10 11 15 ~6 2O 21 22 23 26 DP:3P TUSTIN.AG4 AGREEMENT NO. C-94-800 AGREEMENT THIS AGREEMENT, is entered effective July 1, lgg4, 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 with funds pursuant to Article 4.5 of the Transportation Development Act of lg72 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 follows: 1. AUTHORITY, through 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, registrations and accreditations from agencies governing its operation, which are necessary for AUTHORITY to perform its obligations under this Agreement. Page I of 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 3. 2 3 4 5 6 7 8 9 10 11 12 4. $. AGREEMENT NO. C-94-800 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, the following insurance, which shall be full-coverage insurance not subject to self-insurance conditions: (1) Comprehensive General Liability insurance with at least One Million Dollars ($1,000,000.00) per occurrence; and (2) Comprehensive Automobile Liability insurance of combined single limit Primary Bodily Injury and Primary Property Damage in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence. (3) Workers' Compensation insurance with limits established and required by the State of California. Should any of the above described policies be canceled before the expiras~on date thereof, the issuing company will endeavor to mail 30 day written notice to the certificate holder named. 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 made available by the Department of Motor Vehicles regarding each of said drivers. Each of said drivers shall possess and maintain any licenses or certificates required by law and necessary 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 in the performance of their duties. Notwithstanding any other provision of this Agreement, AUTHORITY and PURCP'~ER agree to comply with all applicable federal, state and local laws and Page 2 of 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DP:3P TUSTIN.AG¢ 1 2 6. 3 4 5 6 7 8 9 7. 10 11 12 8. 9. AGREEMENT NO. C-94-800 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 of the above records available, upon reasonable prior notice, to PURCHASER during regular business hours. AUTHORITY shall indemnify, defend and save harmless PURCHASER, 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 for bodily injuries, including death or loss of, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. PURCHASER shall indemnify, defend and save harmless AUTHORITY, 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 for bodily injuries, including death or loss of, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by PURCHASER, its officers, directors, employees, agents subcontractors or suppliers in connection with or arising out of 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 Page 3 of 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 10. 3 4 5 6 7 9 10 II 12 11. / / AGREEMENT NO. C-94-800 SERVICES - attached hereto and by this reference incorporated herein. 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 ~undred 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, 1994, through September 30, 1994; for the period October 1, 1994, through December 31, 1994; for the period January 1, 1995 through March 31, 1995; and for the period April 1, 1995, through June 30, 1995. Failure of PURCHASER to pay AUTHORITY amount due under this contract within 60 days from date of invoice shall entitle AUTHORITY to, in additip- to any other legal remedies available to AUTHORITY, suspend or diminish ,ts performance under this Agreement 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 or certified mail, return, receipt requested, postage prepaid and addressed as follows: To AOTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92613-1584 Attention: Contracts Administrator Page 4 of 6 AGREEMENT NO. £-94-800 I 3 4 5 6 7 8 9 10 11 -- 12 13 14 ~5 16 17 18 19 20 21 22 23 24 -- 25 26 DP:JP 12. 13. 14. To PURCHASER: C~ty of Tustin P.O. Box 3539 Tustin, GA 92681 Attention: Melissa O'Neal, Recreation Supervisor Any of the parties may cancel ~his 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 Suly 1, 1994, and expiring at the end of business or 5:00 p.m. whichever occurs last on 3une 30, 1995. 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, between 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 1 2 3 4 5 6 ? 8 9 10 11 12 AGREEMENT NO. C-94-800 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 OP:JP TUSTIN.AG4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. (PURCHASER) CITY OF TUSTIN By By APPROVED AS TO FORM: City Attorney ~ ORANGE COUNTY TRANSPORTATION AUTHORITY By Stan Oftelie Chief Executive Officer By Kennard R. Smart, Jr. General Counsel Page 6 of 6 EXHIBIT A o 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. The AUTHORITY may, at its discretion, utilize the assigned vehicle or vehicles for any purpose it deems necessary at any time when senior 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 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 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. 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. 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. "Will Call" passengers must notify the CONTRACTOR by 0730 of the morning they wish to ride. TUST~N~G4 JP CERTIFICATE OF INSURANCE: RODES-ROP~-LOVE INSURANCE AGENCY, INC. P. O. BOX 700 M~ .ROURNE, FL 32902-0700 INSURED DAVE MANAGEMENT, INC. DAVE TRANSPORTATION SERVICES, INC. VAN TRAN OF TUCSON, INC. DAVE FL~'.~.'r MANAGEMENT ISSUE DATE (MM/DD/YY) 1/27/94' _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE I POLICIES BELOW. cOMPANIES AFFORDING COVERAGE : COMPANY LETTER A NATIONAL UNION FIRE INS. CO. OF PITTSBURGH P; COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E ,COVERAGES THtSISTOCERTI~ THATTHEPOLIClESOF)NSURANCEUSTEDBELOW HAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD 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 )S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. CO iLTR TYPE OF INSURANCE POUCY NUMBER -- GENERAL LIABILITY A X COMME.C,ALGE.E.^L L,AE,L,W MiO5244555 CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDD/YY) DATE (MMIDD/YY) LIMITS 02/01/94 02/01/95 GENERAL ^GGREGATE ' 5,000,000. EROCUCTS-CO'~P'OP ^~G. ' 5,000,000 PERSONAL & ADV. ,.JURY ' 5, ~, 000 ~AC. OCCU..~.C~ ' 5,0~, 0~ MED. EXPENSE (~ ~ ~) $ AUTOMOBILE LIABILITY A X ANY AUTO MIA2038662 ^LL OWNED AuTos SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY 02/01/94 02/01/95 COMBINED SINGLE BODILY INJURY (Per person) BODILY INJURY (Per Icci($ent) PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT AND DISEASE--POLiCY LIMIT EMPLOYERS' LIABILITY DISEASE--EAC~ EMPLOYEE S OTHER A PHYSICAL DAMAGE MLA2038662 02/01/94 02/01/95 $10,000. DED. COMP. $10,000. DED. COLL. ' 2,500,000 S $ DESCRIPTION OF OPERATIONSILOCATIONS~EHICLES/SPEClAL ITEMS THE CITY OFTUSTIS~ ITS 0FFIC. ERS~ AGENTS ASD EMPLOYEES ARE SHOWN AS ADDITIONAL I~SUREDS ~RESPECTSTOTHE OPERATIONS OFT HE NAMED INS UREDONIN CERTIFICATE HOLDER CITY OF TUSTIN A/TN: MELISSA O'NEAL RECREATION SUPERVISOR P. O. BOX 3539 TUSTIN, CA 92681 ACORD 25-S ¢7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~ MAIL .'~0 DAYS WRIT'FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.~ AUTHORIZED REPRESENTATIVE ~ACORD CORPORATION 199 · All,title. ;"CERTIFICATE OF INSURANCE PRODUCER Sedgwick dames oF ~a., Inc. Suite 500, South To~e~ 3333 Peachteee Rd. NE Atlanta, Georgia 30326 iNSURED DAVE T~anspo~tation 201 East Sandpointe Santa A]~m, CA ?2707 3-15-73 #800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT TE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 4E POLICIES BELOW. COMPANY LETTER A COMPANY B LETTER COMPANY C LETTER COMPANY LETTER D COMPANIES AFFORDING COVERAGE National Union Flee Ins. Co. COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER~OD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. 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. POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE {MMIDDfYY) DATE (MM/DD/YY) .TR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAtMS MADE OCCUR. 0W~ER'S & CONTRACTOR'S PROT. GENERAL AGGREGATE PRODUCTS-COMP/DP AGG, PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) EZCESBLIABILITY CLM 308 5?24 5/01/c~2 5/01/74 ~ACHOCCURRENCE $~500000 UMBRELLA FORM AGGREGATE $2500000 X~ OTHER THAN UMBREL~ FORM XS ~ 500, 000 STATUTORY LIMITS WOR~ER*~ COMPENSATION EACH ACCIDENT AND DISEASE~POUCY LIMIT EMPLOYERS' LIABILITY DISEASE--EACH EMPLOYEE OTHER ~ee ~ached E~do~seme~ CERTIFICATE HOLDER CANCELLATION S~OULO ANY OF THE ABOVE ~ESCRIBEO POLICIES BE CANCELLED ~EFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~' MAIL ~O DAYS WR[~EN NOTICE TO THE CERTIFICATE HOLDER NAME HE ~ACORD CORPORATION 199~ CITY OF TUSTIN MELISSA O'NEAL-REAC. SUPR P. O. ~OX 353? TUSTIN~ CA. '~&81 ! ACORD 25-S (7/90) ADDITIONAL iNSUltED ~'NDORSF-ML:'NT Attaching To and for.ming a 3-15-93 part cf the certificate'cf insurance dated: city of Tustin its Officers, Agents and Employees Uhe above Certificate ~older is added as an Additional Insured to the ~--~=en~ of liability assumed by the Named Insured under the Contract ==ween the Certificate Holder and the Named Insured pursuant to ~hich this Cer:ificaue i~ issued; however the Certificate ~older shall not be included a~ an Additional insured to the extent of their willful misconduct. :4ichael G. %randall Authorized Representative CERIIFICATE OF INsURANCE, , :~:~.::~:.:::::~- n03/18/94 ~ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INPORMATION ONLY AND Averbeck Company CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 3380 ~. l~.--~,e~.~ St. POLICIES BELOW. Ontario, CA 91764 COMPANIES AFFORDING COVERAGE COMPANYA Great States Ins Co LETTER COMPANY a LETTER INSURED Dave Transportation Services, Inc. COMPANY C 201 E. Sandpointe, Ste. #800 anta Ana, CA 92707 ~HIS IS TO CER~FY THAT 33~E POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PER~D INDICATED, NOT~TrHSTANmNG ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT V~TH RESPECT TO WHICH THIS CER~FICATE MAy SE ISSUED OR MAy PERT~JN. THE INSURANCE AFFORDED BY THE POUCIES DESCRISED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLU~ONS AND CONDmONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE SEEN REDUCED BY P~JD CLAIMS. A E~CEGS L[4DILITT UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'B ~OMPEN~33ON AND EMPLOYERS' L[AGILr/Y OTHER GWR10052794 GENERAL AGGREGATE PRODUCTS- COMP/DP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any ~ne fire) COMBINED SJNGLE LIMIT BODILY iNJURY EACHOCCURRENCE AGGREGATE I STATUTORY LIMITS EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE,S1 ,l~000,000. slFO00,O00. ~000~000. DESCRI~IONOFOPERA~ON~/LO~ONS~EHICLES/SPECIALITEMS Verification of Insurance. '10 day notice of cancellation applies for nonpayment of premium. CER33 ICATE HO~ER ...................................................... ~ANCEL;LA~qON .................................................. ': iiii SHOU, ANY OF ABOVE OESCR,BEO .DUC,ES SE CANCE S SE ORE ~PI~ON DA~ ~ERE~, ~E ISSUING COMPLY City O f TU S t in [::~ ~: ~L * 3 0 DAYS ~N NO~CE TO ~E CER~FICA~ HO~ER ~MED TC attn: Melissa O'Neal Bec Suprvsr ~::~:.~ ~. s~ F~LURE TO ~L SUCH NO~ S~ ~M~SE NO P. O. Box 3539 ~:=z~~B{~ OF ~Y ~ND U~N ~E ~MP~Y, US AGE.S OR REPRESE~A~ES. ~Us<in~ CA 926~1 '