HomeMy WebLinkAboutAGMT - OCTA (Agmt No. C-94-799 Senior Mobility Program) AGREEMENT NO. C-94-799
1 AGREEMENT
2 THIS AGREEMENT, is entered effective July 1, 1994, by and between the City of
3 Seal Beach ("PURCHASER") and the Orange County Transportation Authority, a public
4 corporation of the state of California ("AUTHORITY") .
s WHEREAS, AUTHORITY is experienced in the transportation of seniors, and persons
6 with disabilities, and
7 WHEREAS AUTHORITY is a provider of mass transportation services to meet the
s special needs of the elderly and persons with disabilities; and
9 WHEREAS, AUTHORITY has entered into Agreement No. C-92-386 with a third party
10 contractor ("CONTRACTOR") to provide transportation services for the elderly pursuant
11 to the Older Americans Act of 1965, as amended; and
12 WHEREAS, AUTHORITY reimburses CONTRACTOR through Agreement No. C-92-386 with
13 funds pursuant to Article 4.5 of the Transportation Development Act of 1972 among
14 other funds to support transportation services in the county; and
is WHEREAS, PURCHASER is desirous of purchasing "Social Services" transportation
16 service from AUTHORITY.
17 NOW THEREFORE, in consideration of the respective' and mutual covenants and
is promises hereinafter contained and made, and subject to all the terms and conditions
19 hereof, the parties hereto agree as follows:
20 1. AUTHORITY, through its Agreement with CONTRACTOR, assumes all responsibility
21 . for the operation, scheduling and maintenance of any vehicles which are to be
22 operated in the performance of this Agreement and cost thereof except to the.
23 extent this Agreement provides otherwise.
24 2. AUTHORITY and/or CONTRACTOR, shall obtain and maintain all licenses,
25 registrations and accreditations from agencies governing its operation, which
26 are necessary for AUTHORITY to perform its obligations under this Agreement.
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AGREEMENT NO. C-94-799
1 3. AUTHORITY shall ensure that CONTRACTOR obtain at its sole cost and file with
2 PURCHASER, prior to exercising any right or performing any obligation pursuant
3 to this Agreement and maintain for the period covered by the Agreement, the
4 following insurance, which shall be full -coverage insurance not subject to
s self-insurance conditions:
6 (1) Comprehensive General Liability insurance with at least One Million
7 Dollars ($1,000,000.00) per occurrence; and
8 (2) Comprehensive Automobile Liability insurance of combined single
9 limit Primary Bodily Injury and Primary Property Damage in an amount not less
10 than Two Million Dollars ($2,000,000.00) per occurrence.
11 (3) Workers ' Compensation insurance with limits established and
12 required by the State of California.
13 Should any of the above described policies be canceled before the expiration
14 date thereof, the issuing company will endeavor to mail 30 day written notice
is to the certificate holder named.
16 4. AUTHORITY, through its agreement with the CONTRACTOR shall employ only
17 qualified drivers to operate any vehicles in performance of this Agreement.
18 Prior to employment, CONTRACTOR shall review the records maintained and made
19 available by the Department of Motor Vehicles regarding each of said drivers.
20 Each of said drivers shall possess and maintain any licenses or certificates
21 required by law and necessary for their individual performances on behalf of
22 CONTRACTOR under this Agreement. AUTHORITY, through its agreement with.
23 CONTRACTOR shall be solely responsible for the supervision of said drivers in
24 the performance of their duties.
25 5. Notwithstanding any other provision of this Agreement, AUTHORITY and PURCHASER
26 agree to comply with all applicable federal , state and local laws and
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AGREEMENT NO. C-94-799
regulations.
2 6. AUTHORITY shall ensure that CONTRACTOR establishes, maintains, and preserves
3 records which include and substantiate costs of all labor and materials related
4 to the performance of this Agreement and documentation which substantiates
s CONTRACTOR' s performance of transportation services pursuant to this Agreement.
6 AUTHORITY, through its agreement with CONTRACTOR shall make all of the above
7 records available, upon reasonable prior notice, to PURCHASER during regular
8 business hours.
9 7. AUTHORITY shall indemnify, defend and save harmless PURCHASER, its officers,
10 directors, employees and agents from and against any and all claims (including
1! attorney' s fees and reasonable expenses for litigation or settlement) for any
12 loss or damages for bodily injuries, including death or loss of, damage to or
13 loss of use of property caused by the negligent acts, omissions or willful
14 misconduct by AUTHORITY, its officers, directors, employees, agents,
15 subcontractors or suppliers in connection with or arising out of the
16 performance of this Agreement.
17 8. PURCHASER shall indemnify, defend and save harmless AUTHORITY, its officers,
18 directors, employees and agents from and against any and all claims (including
19 attorney' s fees and reasonable expenses for litigation or settlement) for any
20 loss or damages for bodily injuries, including death or loss of, damage to or
21 loss of use of property caused by the negligent acts, omissions or willful
22 misconduct by PURCHASER, its officers, directors, employees, agents.
23 subcontractors or suppliers in connection with or arising out of the
24 performance of this Agreement.
25 9. CONTRACTOR shall pick up, transport and deliver such passengers at and to such
26 locations and at such times as are described in EXHIBIT A - STATEMENT OF
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AGREEMENT NO. C-94-799
1 SERVICES - attached hereto and by this reference incorporated herein.
2 10. For services provided by AUTHORITY under this Agreement, PURCHASER shall pay
3 AUTHORITY the amount of One Dollar and Twenty-Four Cents ($1.24) per passenger
4 trip up to but not to exceed the amount of Twelve Thousand, Five Hundred
5 Dollars ($12,500.00) , which shall be PURCHASER' s total contribution under this
6 Agreement. AUTHORITY shall submit quarterly invoices to PURCHASER for payment
7 pursuant to this Agreement at the close of each of the following periods: for
8 the period July 1, 1994, through September 30, 1994; for the period
9 October 1, 1994, through December 31, 1994; for the period January 1, 1995
10 through March 31, 1995; and for the period April 1, 1995, through June 30,
11 1995. Failure of PURCHASER to pay AUTHORITY amount due under this contract
12 within 60 days from date of invoice shall entitle AUTHORITY to, in addition to
13 any other legal remedies available to AUTHORITY, suspend or diminish its
14 performance under this Agreement if it so elects.
15 11. All notices pertaining to this Agreement, and any communications from the
16 parties may be made by delivery of said notices in person or by depositing said
17 notices in the U.S. Mail , registered or certified mail , return, receipt
18 requested, postage prepaid and addressed as follows:
19 To AUTHORITY:
20 Orange County Transportation Authority
21 550 South Main Street
22 P.O. Box 14184
23 Orange, CA 92613-1584
24 Attention: Contracts Administrator
25 /
26 /
EA
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AGREEMENT NO. C-94-799
1 To PURCHASER:
2 City of Seal Beach
3 211 8th Street/City Hall
4 Seal Beach, CA 90740
s Attention: Andy Seymore, Director, Parks and Recreation
6 12. Any of the parties may cancel this Agreement by giving thirty (30) days written
7 notice of said cancellation to the other party hereto. In the event of
s termination or cancellation for any reason, AUTHORITY shall return to PURCHASER
9 any money or other property allocable to the post termination/cancellation
to period.
11 13. The terms of this Agreement shall be one (1) year, or that portion of a year
12 commencing July 1, 1994, and expiring at the end of business or 5:00 p.m.
13 whichever occurs last on June 30, 1995.
14 14. This document fully expresses all understandings of the parties concerning all
1s matters covered and shall constitute the total Agreement. No prior written or
16 oral provisions or understanding, between the parties shall have any force or
17 affect. No addition to or alteration of the terms of this Agreement shall be
is valid unless made in writing and formally adopted in the same manner as this
19 Agreement.
20 /
21 /
22 /
23 /
24 /
25 /
26 /
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IIM
AGREEMENT NO. C-94-799
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
2 first above written.
3
4 (PURCHASER)
s By
,
J Bankston, City M
er anager ..
6 City of Seal Beach
7 By
8
9
ORANGE COUNTY TRANSPORTATION AUTHORITY
10
By
11 Stan Oftelie
Ch'e Executive Officer
12 CC
13 By
Kennard R. Smart, J
14 General Counsel
15
16
17
18
19
20
21
22
23
24
25
26
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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
passengers are not being transported.
3. 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.
4. Service shall be provided to the following site or sites located at:
North Seal Beach Senior Center Old Towne Senior Center
3333 Saint Cloud 340 10th Street
Seal Beach, CA 90740 Seal Beach, CA 90740
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.
8. "Will Call" passengers must notify the CONTRACTOR by 0730 of the
morning they wish to ride.
SEALAG4 JP
1
AGREEMENT
2 THIS AGREEMENT, is entered effective July 1, 1993, by and between the City of
3 Seal Beach ("PURCHASER") and the Orange County Transportation Authority, a public
4 corporation of the state of California ("AUTHORITY") .
5 WHEREAS, AUTHORITY is experienced in the transportation of seniors, and persons
6 with disabilities, and
WHEREAS AUTHORITY is a provider of mass transportation services to meet the
8 special needs of the elderly and persons with disabilities; and
9 WHEREAS, AUTHORITY has entered into Agreement No. C-92-386 with a third party
10 contractor ("CONTRACTOR") to provide transportation services for the elderly pursuant
11 to the Older Americans Act of 1965, as amended; and
12 WHEREAS, AUTHORITY reimburses CONTRACTOR through Agreement No. C-92-386 with
13 funds pursuant to Article 4.5 of the Transportation Development Act of 1972 among
14 other funds to support transportation services in the county; and
15 WHEREAS, PURCHASER is desirous of purchasing "Social Services" transportation
16 service from AUTHORITY.
17 NOW THEREFORE, in consideration of the respective and mutual covenants and
18 promises hereinafter contained and made, and subject to all the terms and conditions
19 hereof, the parties hereto agree as follows:
20 1 . AUTHORITY, through its Agreement with CONTRACTOR, assumes all responsibility
21 for the operation, scheduling and maintenance of any vehicles which are to be
22 operated in the performance of this Agreement and cost thereof except to the
23 extent this Agreement provides otherwise.
24 2. AUTHORITY and/or CONTRACTOR, shall obtain and maintain all licenses,
25 registrations and accreditations from agencies governing its operation, which
26 are necessary for AUTHORITY to perform its obligations under this Agreement.
Page 1 of 6
•
1 3. AUTHORITY shall ensure that CONTRACTOR obtain at its sole cost and file with
2 PURCHASER, prior to exercising any right or performing any obligation pursuant
3 to this Agreement and maintain for the period covered by the Agreement, a
4 policy or policies of general and auto liability insurance and a certificate
5 of such insurances, naming PURCHASER, its officers, agents and employees, as
6 insured or additional insured. CONTRACTOR shall carry General Liability
7 insurance of at least One Million Dollars ($1 ,000,000.00) per occurrence and
8 auto insurance of combined single limit bodily injury and property damage in
9 the amount of Three Million Dollars ($3,000,000.00) per occurrence. Should any
10 of the above described policies be canceled before the expiration date thereof,
11 the issuing company will endeavor to mail 30 days written notice to the
12 certificate holder named.
13 4. Before CONTRACTOR shall employ any person or persons in the performance of this
14 Agreement, CONTRACTOR shall procure a policy of Workers' Compensation Insurance
15 as required by the provisions of Section 3700 of the California Labor Code: and
16 CONTRACTOR shall furnish to PURCHASER a Certificate of Insurance showing that
17 the aforesaid insurance is in full force and effect during the entire term of
18 this Agreement.
19 5. AUTHORITY, through its agreement with the CONTRACTOR shall employ only
20 qualified drivers to operate any vehicles in performance of this Agreement.
21 Prior to employment, CONTRACTOR shall review the records maintained and
22 available by Department of Motor Vehicles record and regarding each of said
23 drivers. Each of said drivers shall possess and maintain any licenses or
24 certificates required by law and necessary for their individual performances
25 on behalf of CONTRACTOR under this Agreement. AUTHORITY, through its agreement
26 with CONTRACTOR shall be solely responsible for the supervision of said drivers
Page 2 of 6
•
• •
1 in the performance of their duties.
2 6. Notwithstanding any other provision of this Agreement, AUTHORITY and PURCHASER
3 agree to comply with all applicable federal , state and local laws and
4 regulations.
5 7. AUTHORITY shall ensure that CONTRACTOR establishes, maintains, and preserves
6 records which include and substantiate costs of all labor and materials related
7 to the performance of this Agreement and documentation which substantiates
8 CONTRACTOR'S performance of transportation services pursuant to this Agreement.
9 AUTHORITY, through its agreement with CONTRACTOR shall make all of the above
10 records available, upon reasonable prior notice, to PURCHASER during regular
11 business hours.
12 8. AUTHORITY shall hold PURCHASER harmless from and against any and all liability,
13 loss, damage, claims, suits, costs and expenses, including reasonable
14 attorney's fees, regardless of the merit or outcome of any such claim or suit,
1s claimed or arising from any negligent or wrongful act or omission of AUTHORITY,
16 its officers, employees, agents or subcontractors in the performance of this
17 Agreement.
1s 9. PURCHASER shall hold AUTHORITY harmless from and against any and all liability,
19 loss, damage, claims, suits, costs and expenses, including reasonable
20 attorney' s fees, regardless of the merit or outcome of any such claim or suit,
21 claimed or arising from any negligent or wrongful act or omission of PURCHASER,
22 its officers, employees, agents or subcontractors in the performance of this
23 Agreement.
24 10. CONTRACTOR shall pick up, transport and deliver such passengers at and to such
25 locations and at such times as are described in EXHIBIT A - STATEMENT OF
26 SERVICES - attached hereto and by this reference incorporated herein.
Page 3 of 6
1 11 . For services provided by AUTHORITY under this Agreement, PURCHASER shall pay
2 AUTHORITY the amount of One Dollar and Twenty-Four Cents ($1 . 24) per passenger
3 trip up to but not to exceed the amount of Eleven Thousand Dollars
4 ($11,000.00) , which shall be PURCHASER's total contribution under this
5 Agreement. AUTHORITY shall submit quarterly invoices to PURCHASER for payment
6 pursuant to this Agreement at the close of each of the following periods: for
7 the period July 1 , 1993, through September 30, 1993; for the period
8 October 1 , 1993, through December 31 , 1993; for the period January 1 , 1994
9 through March 31 , 1994; and for the period April 1, 1994, through June 30,
10 1994. Failure of PURCHASER to pay AUTHORITY amount due under this contract
11 within 60 days from date of invoice shall entitle AUTHORITY to, in addition to
12 any other legal remedies available to AUTHORITY, suspend or diminish its
13 performance under this Agreement if it so elects.
14 12. All notices pertaining to this Agreement, and any communications from the
15 parties may be made by delivery of said notices in person or by depositing said
16 notices in the U.S. Mail , registered or certified mail , return, receipt
17 requested, postage prepaid and addressed as follows:
18 To AUTHORITY:
19 Orange County Transportation Authority
20 11222 Acacia Parkway
21 Garden Grove, CA 92640
22 Attention: Contracts Administrator
23
24
25
26
Page 4 of 6
To PURCHASER:
2 City of Seal Beach
3 211 8th Street/City Hall
4 Seal Beach, CA 90740
5 Attention: Andy Seymour, Director, Parks and Recreation
6 13. Any of the parties may cancel this Agreement by giving thirty (30) days written
7 notice of said cancellation to the other party hereto. In the event of
8 termination or cancellation for any reason, AUTHORITY shall return to purchaser
9 any money or other property allocable to the post termination/cancellation
10 period.
11 14. The terms of this Agreement shall be one (1) year, or that portion of a year
12 commencing July 1 , 1993, and expiring at the end of business or 5:00 p.m.
13 whichever occurs last on June 30, 1994.
14 15. This document fully expresses all understandings of the parties concerning all
15 matters covered and shall constitute the total Agreement. No prior written or
16 oral provisions or understanding, between the parties shall have any force or
17 affect. No addition to or alteration of the terms of this Agreement shall be
18 valid unless made in writing and formally adopted in the same manner as this
19 Agreement.
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 5 of 6
• •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
2 first above written.
3
4 BPURCHA cauJ'�'
s y
erry ankston, City Manager
6 City of Seal Beach
7 By
8
9
ORANGE COUNTY TRANSPORTATION AUTHORITY
to �
By S4
11 Stan Oftelie
Chief Executive Officer
13
13 By
Kennard R. Smart, Jr.
14 General Counsel
15
16
17
18
19
20
21
22
23
24
25
26
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PI6.ACP
• •
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
passengers are not being transported.
3. 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.
4. Service shall be provided to the following site or sites located at:
North Seal Beach Senior Center Old Towne Senior Center
3333 Saint Cloud 340 10th Street
Seal Beach, CA 90740 Seal Beach, CA 90740
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.
8. "Will Call" passengers must notify the CONTRACTOR by 0730 of the
morning they wish to ride.
P16.AGR LVB