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Home My WebLink AboutConsent Calendar #5 9-21-87AG A co,sE, T DATE: September 11 ~ 1987 TO: William A. Huston, City Manager FROM: Administrative Services SUBJECT: AGREEMENT WITH ORANGE COUNTY CTSA RECOMMENDATION: Approve agreement with Orange County Consolidated Transportation Service Agency (CTSA) foK transportation of senior adults and persons with disabilities. Authorize Mayor to execute same. BACKGROUND: This contract is included in the 1987/88 budget approved at the last City Council meeting. The insurance certificate has been received and the contract has been approved by the City Attorney. This particular agreement continues an ongoing operation which provides needed services to Tustin area senior citizens and persons with disabiliti-es. Royleen A. White, Director Community and Administrative Services kaw Attachments AGREEMENT THIS AGREEIvlENT, is entered into, in duplicate, effective July 1,1987, by and between the City of Tustin, hereinafter referred to as "PURCHASER," and the ORANGE COUNTY CTSA, a California nonprofit public benefit corporation, hereinafter referred to as OCCTSA. WHEREAS, OCCTSA is experienced in the transportation of seniors, and persons with disabilities, and WHEREAS, pursuant to 49 USC S1612 and California Government Code 14033, CTSA, under contract with the California Department of Transportation, is a provider of mass transportation services to meet the special needs of elderly and handicapped persons; and WHEREAS OCCTSA has entered into an Agreement with the County of Orange which requires OCCTSA to provide transportation services for the elderly pursuant to the Older Americans Act of 1965, as amended; and WHEREAS, OCCTSA, pursuant to Section 15975 of the California Government Code has been designated ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICE AGENCY (OCCTSA) by the Orange County Transportation Commission and has been allocated Article 4.5 of the Transportation Development Act of 1972 funds; and WHEREAS, PURCHASER IS desirous of purchasing "Social Services" transportation service from OCCTSA as a consolidated transportation agency (OCCTSA) which pursuant to the OCCTSA mission statement, seeks to provide for the transportation needs of clients of social service agencies in an effective cost efficient manner. 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. OCCTSA assumes all responsibility for the operation, scheduling, maintenance, and cost thereof of any vehicles which are to be operated in the performance of this Agreement except to the extent this Agreement provides otherwise. 2. OCCTSA shall obtain and maintain all licenses, registrations, and accreditations from agencies governing its operation, which are necessary for OCCTSA to perform its obligations under this Agreement. 3. OCCTSA shall 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 this Agreement, a policy .or policies of liability insurance or a certificate of such insurance, naming PURCHASER, its officers, agents, and employees, as insured or additional insured, which provides coverage not less than that provided in the form of a comprehensive general and auto liability insurance policy for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of OCCTSA, its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following amounts: Auto insurance of combined single limit bodily injury and property damage of Five Million Dollars ($5,000,000) per occurrence, general liability combined single limit, bodily injury and property damage of One Million Dollars ($1,000,000). Said policy or policies of insurance shall also contain a provision that thirty (30) day notice of termination, cancellation or reduction of coverage of insured or additional insured shall be given in writing to PURCHASER. 4. Before OCCTSA shall employ any person or persons in the performance of this contract, OCCTSA shall procure a policy of Workers' Compensation Insurance as required by the provisions of Section 3700 of the California Labor Code; and OCCTSA shall furnish to PURCHASER a Certificate of Insurance showing that the aforesaid insurance is in full force and cf feet during thc entire term of this Agreement. 5. OCCTSA shall employ only qualified drivers to operate any vehicles in performance of this Agreement. Prior to employment, OCCTSA shall review each of said drivers' Department of Motor Vehiqles record. Each of said drivers shall possess and maintain any licenses or certificates required by law and necessary for their individual performances on behalf of OCCTSA under this Agreement. OCCTSA shall be solely responsible for thc supervision of said drivers in thc performance of their duties. 6. Notwithstanding any other provision of this Agreement, OCCTSA and PURCHASER agree to comply with all applicable federal, state and' local laws and regulations. 7. OCCTSA agrees to establish, maintain and preserve records which include and substantiate costs of all labor and materials related to thc performance of this Agreement, and documentation which substantiates OCCTSA performance of transportation services pursuant to this Agreement. OCCTSA shall keep such records for a period of three (3) years after expiration of this Agreement (unless Section 6 hereof requires a longer period). OCCTSA shall make all of thc above records available, upon reasonable notice, to PURCHASER during regular business hours. 8. NEITHER party shall assign or transfer any interest in this Agreement, without prior written consent of the other party, provided, however, that claims for money due or to become due from the other party on account of this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy without said written consent. 9. OCCTSA 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 OCCTSA, its officers, employees, agents or subcontractors in the performance of this Agreement. 10. PURCHASER shall hold OCCTSA 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. 1 I. OCCTSA 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. 12. Cash payments from PURCHASER to OCCTSA constitute part of the performance of this Agreement, PURCHASER shall pay OCCTSA such amounts as follows: Five Thousand, One Hundred and Fifty- Nine dollars ($5,159.00). Failure of PURCHASER to pay OCCTSA amounts due under this contract within 60 days of such amounts becoming due shall entitle OCCTSA to, in addition to any other legal remedies available to OCCTS.A, suspend or diminish its performance under this Agreement if it so elects. 13. Cash payment in the total amount of $5,159.00 are to be paid to OCCTSA by PURCHASER as part of the performance of this Agreement. 14. OCCTSA Executive Director is authorized to receive any and all notices pertaining to this Agreement. Any communications from PURCHASER to OCCTSA may be made by mailing 'the same, postage prepaid, to the Executive Director of OCCTSA, to the following Address: Orange County CTSA 1000 E. Santa Aha Blvd., Suite 300 Santa Aha, California 92701 15. Any communications from OCCTSA to PURCHASER may be made by mailing the same, postage prepaid, to the following address: City of Tustin 300 Centennial Way Tustin, CA 92680 16. Either of the parties hereto may cancel this Agreement by giving sixty .(60) days written notice of said cancellation to the other party hereto. In the event of termination or cancellation for any reason OCCTSA 5 shall return to PURCHASER all sums of money or other property allocable to the post termination/cancellation period. 17. The terms of this Agreement shall be one (1) year, or that portion of a year commencing July 1, 1987 and expiring at the end of business or 5:00 PM whichever occurs last on June 30, 1988. 18. This document fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates as set forth below: ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICE AGENCY Executed on February 18 , 19 87, at Santa Ana , California ~- t '' /(/' Typed Name: Eugene F. Kidder, Jr. Title: Chairman of the Board of Directors Executed on February 17 .19 87, at Santa gna , California Typed Name: Thomas E. Dolan Title: Executive Director (PURCHASER) Executed on , 19 , at ., California By. Typed Name Title Executed on , 19 , at , California By Typed Name Title EXHIBIT A 1. Orange County Consolidated Transportation Service Agency (OCCTSA) 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. OCCTSA may, at its discretion,, utilize the assigned vehicle or vehicles for any purpose it decms necessary at any time when senior passengers are not being transported. 3. OCCTSA 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. 4. Service shall be provided to the following site or sites located at: Tustin Senior Site 13841 Redhill Avenue Tustin, CA 92680 ORANGE COUNTY CTSA ' SENIOR SERVICE CONTRACT with: C ! T Y 0 F T U S T Z N FY 1986 - 1987 TOTAL TOTAL VEHICLE COST ! ANNUAL - R E V E N U E - PERCEHT OF COST SITE HOURS 24.82 PASS CITY AAA TDA CITY AkA TDA TUSTIN 549 $13,~2G 4,~5G $2,822 t3,9~1 tG,813 21! 2~I 50I REVENUE RECEIVED CASH TN-XIND T0TAL FY 198! - ]982 tO tO tO FY 1982 - 1983 0 0 0 FY 1~83 - 1984 0 0 0 FY 1984 - 1985 0 O 0 FY 1985 - 198~ 1,958 0 1,958 FY 198G - 1987 2,500 0 2,500 .~ ._.; .~ TOTAL, - ..~ TOTAL ~" ' ".:-:~;~'~.HI~T-:'I.~.;ANNUAL - R E V E NU E - PERCEHT OF COST SITE HOURS ':'" - 2&'.32 PASS CITY AAA TDA CITY :::~--' AAA TDA I nter - Corn Jim Rourke, City Attorney , Royleen A. White, Director of Community and FROM: Administrative Services ~..~ SU[~JECT: ATTACHED AGREEMENT WITH ORANGE COUNTY CTSA Please review the attached; I'd like to schedule this routine agreement for Council approval August 3. The agreement is in substantially the same form as the one you approved last year. As you will note,'the agreement should have been 'signed Prior to July 1, 1987; however, it can not be signed until the City Council approves the budget and we have been behind schedule. Therefore, 'I ask that you expedite your review. If .possible, I would appreciate you returning the agreement prior to July 27. Thank you for your cooperation. Attachment ISSUE DATE (MM/DD/YY) 13'7/' ']. ',:? ./i5 '7 PRODUCER ~..~v-r S]~]) THIS CERTIfiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ......... "': ..... '" ......... COMPANIES AFFORDING COVERAGE CF, ~,"';v '~. '~..~;..4~.;-'~ COMPANY A ~*;~-~ ~ .!.LH'.i,,.*~. , .d'.;!., :,~ *-' : ',":- L~; ;~=R COMPANY ;'~J ;¢:, 'i" '~ C) i'.,i ~;?'- i i i,..i T ('; h ! i:-.- "' ::? INSURED LETTER B ............. ,~,-,-.~ .,.~J~-,~-,/~...L~_~i,._~_. COMPANY ; ;~.h,~F~ T?,.~c ~'~h.J¢':::' ",'"~iF '.~." .L/'+='i-LJ ;::. , .:.~:;~:; i --i .... COMPANY ~ COMPANY L,'- ~"1 ~R THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE EOR THE POLICY PERIOO INDICATED. NOTWlTHSTANDINO ANY FIEQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY TNE POLICIES DESCRIBED NEREIN IS SUBJECT TO ALL THE TERMS, EXCL~, AND CONDI.- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE R:N.ICY EXPIRAT10N LIABILITY LIMITS IN THOUSANDS OATE (MMJOO/YY) DATE (MM/~0/Y~ AGGREGA'I~ GENERAL UABILITY/ BODILY -- PREMISES/OPERATIONS __ EXPLOSION & COLLAPSE HAZARO $ $ ~ETED OPERATIONS CON'FRACTUAL COMBINED $ '~ -,!!-; !.¢ INI~PENDENT ~0RS __ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE MABlUTY ~LY ALLANY OWNEDAUTO AUTOS (PRIV. PASS.) i:~, ~:*~ ,'¢ ..~. % J..'y_'~ ':~ / m z.. / -~- m ,.' ~: '"? i~i ,:!!:, / ?'~ ~ .,.' ,~.~, ?:: I~ HIREDALL OWNEDAuTOSAUTOS[/OTHERpffiV. PAss.THAN~/ PRO~R'ry(~R ~ $ -- NON-OWNED AUTOS DAMAGE GARAGE LIABILITY B~ & Po UMBRELLA FORM ~.;_~.:L?~.jH]"j:~? m4. ,.":~m .',~:~? (~/.~/:~t-i/,..a,,~.~ 8iAPC ~,, ~L(?..~C) OTHER THAN UMBRELLA FORM WORKF~' COMI~:N~TION STATUTORY ANO $ (EACH ACCIOENT) I $ (DISEASE-POLICY LIMIT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS '~'~ ........ m'-~ ..................... ~i~ F: *;' ~ ................................. ' ....... ~" ................ ~ ........................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL~ BEFORE THE EX- PIRATIO_N_ DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ::] ~. T*Y" ':::~ ~' 'T'!.J ~'? T :J:. i",~ ,, ?"~'T'"~" ?,{ i:~ ,: [,-~ ~"! ~ "i" i::: MAIL .:t L. DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i:)~!:?. '(:::(:)?i ..:!~ ..~F?!T'.'qTr:~"~'P.,."~*Fi'~.::::' ¢-"~'::~,~ LEFT. BU'FFAII. URETOMAILGUCHNOTICESH.AI.LIMP(~ENOOBLIGA'IIOflORLi&BILJTY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRE..~=NTATIVEE. J~C:!i:..~ C:i:-:~'.FTi:":*hii',i.T_~:~4.... i/..jr:Y'¥" AUTHORIZED ~. STATE HoMEo ,cE .^...^,.c,sco I POI'-qY DECLARATIONS COMPENSATION I N $ U R a N C E CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY Lr" J N D THESE DECLARATIONS ARE A PART OF THE WORKERS' COMPENSATION POLICY INDICATED HEREON. THIS INSURANCE IS EFFECTIVE FROM 12:01 A.M., PACIFIC STANDARD TIME uC/O ~ CONTINUOUS POLICY 1021686-87 7-01-87 TO 7-01-88 AND SHALL 0 UNTILAUTOMATICALLY CANCELLED RENEW EACH 7-01 ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICES AGENCY, INC. DEPOSIT PREMIUM $17000.00 1000 E. SANTA ANA BLVD. MINIMUM PREMIUM $335.80 SANTA ANA CALIFORNIA 92701 PREMIUM ADJUSTMENT PERIOD MONTHLY N SP NAME OF EMPLOYER- ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICES AGENCY, INC. A NON-PROFIT CORPORATION 1. WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA. 2.' EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO LIABILITY UNDER TBE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR LIABILITY UNDER PART TWO IS, $3,000,000 CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 7-01288 8810 CLERICAL OFFICE EMPLOYEES--N.O.C. .74 THE USE OF THIS CLASSIFICATION IS SUBJECT TO THE PROVISIONS OF THE MANUAL RULES FOR STANDARD EXCEPTIONS. 8742 SALESPERSONS--OUTSIDE. 1.27 7382 BUS OR LIMOUSINE OPERATIONS--ALL EMPLOYEES 14o85 EXPERIENCE MODIFICATION 86% TOTAL ESTIMATED ANNUAL PREMIUM $170,000.00 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO SEPTEMBER 1, 1987 POLICY FORM K 1L