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HomeMy WebLinkAboutCC AG PKT 2011-07-11 #NAGENDA STAFF REPORT DATE: July 11, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean Crumby P.E., Acting Assistant City Manager /Public Works SUBJECT: COMMUNITY SENIORSERV TO PROVIDE TRANSPORTATION FUNDING FOR THE SENIOR NUTRITION PROGRAM SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6165 authorizing the City Manager to execute an agreement with Community SeniorSery regarding the transportation services to the Senior Nutrition Program. BACKGROUND AND ANALYSIS: Orange County Transportation Authority (OCTA) for many years has provided funding to the City of Seal Beach transportation services for seniors to the City's Nutrition Program. The Nutrition Program is a service providing meals for seniors at least 60 years of age. As of June 2011, OCTA will no longer provide transportation funding to the City to transport seniors to the Nutrition Program. The County of Orange Office on Aging has contracted directly to Community SeniorSery to distribute funds to the City of Seal Beach to transport seniors to the Nutrition Program. This agreement does not change either the Senior Transportation or Senior Nutrition Programs. Since the State and County have changed who distributed the funds, a new agreement needs to be executed. The City will now work directly with Community SeniorSery to obtain reimbursement for the senior transportation service to the Senior Nutrition Program. Agenda Item N Page 2 This new arrangement will only change how the City receives the reimbursement and how much the City receives. The City will now receive funds from Community SeniorServ. The operations of the Senior Nutrition Program and the transportation of the seniors to the Nutrition Program will not change through this agenda item. FINANCIAL IMPACT: The City of Seal Beach currently receives approximately $12,000 annually from OCTA to transport seniors to the Nutrition Program. Under this new agreement, the City of Seal Beach will receive only $8,596 annually from Community SeniorServ. The new arrangement will not increase the City's approved FY2011 -12 Budget. RECOMMENDATION: It is recommended the City Council adopt Resolution No. 6165 authorizing the City Manager to execute an agreement with Community SeniorSery regarding the transportation services to the Senior Nutrition Program. SUBMITTED BY: Sean Crumby, P.E. Actin Assistant City Manager /Pu is Works NOTED AND APPROVED: F' • .•- Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 6165 B. Professional Services Agreement RESOLUTION NUMBER 6165 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT WITH COMMUNITY SENIORSERV REGARDING THE SENIOR NUTRITION PROGRAM THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE Section 1. The City Council hereby approves the agreement between the City of Seal Beach and Community SeniorSery to provide transportation funding for the Senior Nutrition Program, Section 2. The City Council hereby authorizes the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of July , 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6165 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of July , 2011. City Clerk Scope of Work — Community SeniorSery Nutrition Transportation Program City of Seal Beach Community SeniorSery Nutrition Transportation Program "Scope of Work" 1. The City of Seal Beach (hereinafter referred to as "CITY ") will utilize funding provided by Community SeniorSery and its local match to provide the following services: A. Type of Service - Non Duplicative Local Transportation service for seniors at least 60 years of age. This will be a "Subscribed Service" for seniors who will be picked up at their homes and transported to CITY'S Senior Center or other CITY facility for the existing meal program provided by Community SeniorServ. B. Who is served - Subscribed (pre- registered and approved) seniors over 60 years of age or older who are: frail, disabled and /or isolated. The transportation service will include assistance on and off of the vehicle. C. Hours of Service - 8:00 a.m. through 4:00 p.m. D. Days of Service - Consistent with days that Community SeniorSery provides the lunch program at the site. 2. CITY shall use competitive procurement practices to select vendors for all services that the CITY does not provide using its own workforce. Any contract for services or services provided directly by CITY shall require the use of vehicles meeting ADA accessibility standards. 3. CITY shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. CITY shall submit a bill monthly to Community SeniorSery for reimbursement of funds provided by the Office on Aging (OoA). In addition to the billing there will be a required report which includes, at a minimum, a monthly and fiscal year -to -date summary of service and expenditures, including the number of persons served (duplicated and unduplicated) and number of one -way trips provided, along with any additional required reporting that may be required from OoA throughout the terms of this agreement. Community SeniorSery will supply format required for the City's reporting. 5. CITY shall ensure that it maintains adequate supervision and control over all aspects of service that are provided by a contracted vendor. COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV NUTRITION TRANSPORTATION PROGRAM And the CITY OF Sea I Beach (6/10/11) Page 2 of 7 COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV AND THE CITY OF Seal Beach FOR THE NUTRITION TRANSPORTATION PROGRAM THIS "Agreement' is made and entered into this 9thday of June, 2011, by and between the Community SeniorServ, a non - profit corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Seal Beach (hereinafter referred to as "CITY "). RECITALS WHEREAS, AUTHORITY has been retained by the Office on Aging (OoA) to act as a funding agency for Title III Nutrition Transportation "Funds" WHEREAS, CITY is a participant in the OoA senior nutritional program and desirous of obtaining Funds for transportation services for qualified seniors of the CITY; and WHEREAS, AUTHORITY and CITY jointly wish to expand the senior transportation services available by looking at alternative methods of providing transportation services to qualified seniors. WHEREAS. AUTHORITY shall only be financially liable to the participating agencies to the extent of Funds allotted to the AUTHORITY by the OoA for this specific program; If OoA reduces or increases Funds during contracted period AUTHORITY will contact the CITY within 30 days of the changes. NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. 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 AUTHORITY 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. Page 3 of 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF THE AUTHORITY: A. AUTHORITY agrees to provide Funds in the amount of $8,596. For the time period of July 1, 2011 through June 30, 2012 for the senior transportation program using funds obtained from the Older Americans Act as allocated by Orange County's OoA, and Article 4.5 of the State of California Transportation Development Act. B. The funding levels are determined each year based on changes in senior population. Annual allocations will be supplied by OoA. C. The AUTHORITY will reallocate monies from cities not participating or under participating based on criteria that AUTHORITY determines will best serve the senior community. D. AUTHORITY will administer and coordinate the Nutrition Transportation Program Funds with the OoA. E. AUTHORITY will reimburse the CITY within 30 days of receiving the CITY'S monthly billing and reporting. ARTICLE 3. RESPONSIBILITIES OF CITY: A. CITY agrees that all Funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior nutrition transportation services. CITY agrees to provide a twenty percent (20 %) match of funds provided by AUTHORITY. CITY's match must consist of cash or the cash equivalent in service trips at a rate of $13.89 per trip. CITY'S Match is $2,645 for July 1, 2011 through June 30, 2012. B. CITY agrees to bill the AUTHORITY monthly for the Funds and provide AUTHORITY with monthly summary reports based on the requirements of the OoA. CITY shall submit the "Billing and Monthly Summary Report" the first business day after the close of the month. The AUTHORITY will reimburse the CITY at $13.89_per trip not to exceed 1/12 of the amounts received in Article 2A. See Attachment A for the Billing and Monthly Summary Report" to be used each month by the CITY. Page 4 of 7 C. CITY agrees to maintain existing transportation to congregate meal program. CITY may contract with a third party service provider to provide senior transportation services provided in this contract. D. CITY shall procure and maintain primary insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self - insurance provisions with approval by AUTHORITY. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $1,000,000 of coverage per occurrence and $3,000,000 aggregate. 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits; for bodily Injury and Property Damage; 3. Workers' Compensation with limits as required by the State of California; 4. Employers' Liability with limits of a minimum of $1,000,000; and Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker issued insurance certificate, must be received by AUTHORITY prior to commencement of any transportation services. Proof of insurance coverage must be received by AUTHORITY within seven (7) calendar days from the date of execution of the Agreement. AUTHORITY must be named as an additional insured on the certificate and endorsement. E. CITY is required to collect donations for the transportation system and submit to AUTHORITY. The donations should be reported on a transportation donation report and sent daily with the Congregate Driver to the AUTHORITY'S Accounting Dept or at least deposited once a week in the AUTHORITY'S bank account by the Site Manager at the site. ARTICLE 4. TERM OF AGREEMENT: This Agreement shall commence on July 1, 2011 upon execution by both parties, and shall continue in full force and effect and shall extend through June 30, 2012 as mutually agreed to by both parties. AUTHORITY retains the option to extend this Agreement through June 30 2014. ARTICLE 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 Page 5 of 7 in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO CITY TO AUTHORITY City of Seal Beach Community SeniorSery 211 - 8th Street 1200 Knollwood Seal Beach, CA 90740 Anaheim, CA 92801 ATTENTION: ATTENTION: CITY MANAGER JANETH VELAZQUEZ City Manager Director of Congregate Sites and Nutrition Transportation (562/431/2527) (714/229 -3354) ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS: AUTHORITY 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 promulgated there under. ARTICLE 7. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities, as AUTHORITY deems necessary in order to carry out the obligations of this Agreement. Access must be available within 30 days after notice by Authority. 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 AUTHORITY 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. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all subcontractors performing services related to Nutrition Transportation Program. ARTICLE 8. TERMINATION A. AUTHORITY or CITY may, for its own convenience, 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 in advance of the specified date of termination. Page 6 of 7 ARTICLE 9. INDEMNIFICATION A. CITY shall indemnify, defend and hold 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, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, 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. CITY shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. AUTHORITY shall be named as an additional insured to any applicable insurance policy of CITY by way of endorsement to such insurance policy ARTICLE 10. 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. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. CITY OF SEAL BEACH By City Manager APPROVED AS TO FORM: By City Attorney COMMUNITY SENIORSERV as Chief Executive Officer APPROVED AS TO FORM: Legal Counsel Page 7 of 7