HomeMy WebLinkAboutAGMT - OCTA (Agmt No. C-7-0391 Senior Transportation) 1 ^,v• p.cw�citi ear•a la.0
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1 AMENDMENT NO. 1 TO
2 AGREEMENT NO. C-7-0391
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
s AND
6 THE CITY OF SEAL BEACH
7 THIS AMENDMENT NO. 1 is made and entered into this 2ci day of aialica.
8 1998, by and between the Orange County Transportation Authority ("AUTHORITY") and the City of
9 Seal Beach ("CITY"),
10 WITNESSETH:
11 WHEREAS, by Agreement No. C-7-0391 dated July 1, 1997, AUTHORITY and CITY entered
12 into a Agreement for CITY to purchase transportation services from AUTHORITY for the purpose of
13 providing a means for seniors to participate in the Area Agency on Aging (AAA) senior nutritional
14 program; and
15 WHEREAS, AUTHORITY and The Area Agency on Aging (AAA) have agreed to a sixty day
16 extension of Agreement No. C-93-629; and
17 WHEREAS, AUTHORITY requests and CITY has agreed to extend the term of the
18 Agreement for Two (2) months with no changes to the cost per passenger trip or to the terms and
19 conditions;
20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
21 Agreement No. C-7-0391 is hereby amended in the following particulars only:
22 Amend paragraph 10, Page 3 of 6, line 24, to delete "June 30, 1998" as the expiration date
23 of this Agreement and in lieu thereof insert "August 31, 1998."
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AMENDMENT NO. 1 TO
AGREEMENT C-7-0391
1 The balance of said Agreement remains unchanged.
2 This Amendment No. 1 shall be made effective July 1, 1998.
3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
4 Agreement No. C-7-0391 to be executed on the date first above written.
s CITY OF SEAL BEACH ORANGE CO ■TY TRANSPORTATION AUTHORITY
6
7 By �,,,,h&C\ (.� By i . ��s�—
Name Keith R Till C• ey Creasey ONakfi D. pkrau.;s
a Title City Manager Se tion Manager –Procurement
9
APPROVED AS TO FORM:
10
u BY By ql"---S242
Name Kennard R. Smart, J
12 Title General Counsel
13
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• • ,Auu c1,
AGREEMENT NO. C-7-0391
1 AGREEMENT
2 THIS AGREEMENT, is entered effective July 1, 1997, by and between the City of Seal
3 Beach ("CITY") and the Orange County Transportation Authority, a public corporation of the state
4 of California ("AUTHORITY").
5 WHEREAS, AUTHORITY is experienced in the transportation of seniors, and persons with
6 disabilities, and
7 WHEREAS AUTHORITY is a provider of mass transportation services to meet the special
8 needs of persons with disabilities; and
9 WHEREAS, AUTHORITY shall enter into an Agreement with a third party contractor
io ("CONTRACTOR") to provide transportation services for the elderly pursuant to the Older
11 Americans Act of 1965, as amended; and
12 WHEREAS, AUTHORITY reimburses CONTRACTOR with funds pursuant to Article 4.5 of
13 the Transportation Development Act of 1972 among other funds to support transportation services
14 in the county; and
is WHEREAS, CITY is desirous of purchasing "Social Services" transportation service from
16 AUTHORITY.
17 NOW THEREFORE, in consideration of the respective and mutual covenants and promises
is hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
19 hereto agree as follows:
20 1. AUTHORITY, through its Agreement with CONTRACTOR, assumes all responsibility for the
21 operation, scheduling and maintenance of any vehicles which are to be operated in the
22 performance of this Agreement and cost thereof except to the extent this Agreement
23 provides otherwise.
24 2. AUTHORITY and/or CONTRACTOR, shall obtain and maintain all licenses, registrations
25 and accreditations from agencies governing its operation, which are necessary for
26 AUTHORITY to perform its obligations under this Agreement.
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AGREEMENT NO. C-7-0391
1 3. AUTHORITY shall ensure that CONTRACTOR obtain at its sole cost and file with CITY,
2 prior to exercising any right or performing any obligation pursuant to this Agreement and
3 maintain for the period covered by the Agreement, the following insurance, which shall be
4 full-coverage insurance not subject to self-insurance conditions:
5 (1) Comprehensive General Liability insurance with at least One Million Dollars
6 ($1,000,000.00) per occurrence; and
7 (2) Comprehensive Automobile Liability insurance of combined single limit
8 Primary Bodily Injury and Primary Property Damage in an amount not less than Two Million
9 Dollars ($2,000,000.00) per occurrence.
10 (3) Workers' Compensation insurance with limits established and required by the
11 State of California.
12 Each policy of insurance required in subsections (1) and (2) shall name CITY as an
13 additional insured with respect to performance hereunder. Should any of the above
14 described policies be canceled before the expiration date thereof, the issuing company will
1s endeavor to mail 30 day written notice to the certificate holder named.
16 4. AUTHORITY, through its agreement with the CONTRACTOR, shall employ only qualified
17 drivers to operate any vehicles in performance of this Agreement. Prior to employment,
18 CONTRACTOR shall review the records maintained and made available by the Department
19 of Motor Vehicles regarding each of said drivers. Each of said drivers shall possess and
20 maintain any licenses or certificates required by law and necessary for their individual
21 performances on behalf of CONTRACTOR under this Agreement. AUTHORITY, through its
22 agreement with CONTRACTOR shall be solely responsible for the supervision of said
23 drivers in the performance of their duties.
24 5. Notwithstanding any other provision of this Agreement, AUTHORITY and CITY agree to
25 comply with all applicable federal, state and local laws and regulations.
26
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AGREEMENT NO. C-7-0391
1 6. AUTHORITY shall ensure that CONTRACTOR establishes, maintains, and preserves
2 records which include and substantiate costs of all labor and materials related to the
3 performance of this Agreement and documentation which substantiates CONTRACTOR's
4 performance of transportation services pursuant to this Agreement. AUTHORITY, through
S its agreement with CONTRACTOR, shall make all of the above records available, upon
6 reasonable prior notice, to CITY during regular business hours.
7 7. AUTHORITY shall indemnify, defend and save harmless CITY, its officers, directors,
8 employees and agents from and against any and all claims (including attorney's fees and
9 reasonable expenses for litigation or settlement) for any loss or damages for bodily injuries,
to including death or loss of, damage to or loss of use of property caused by the negligent
11 acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees,
12 agents, subcontractors or suppliers in connection with or arising out of the performance of
13 this Agreement.
14 8. CITY shall indemnify, defend and save harmless AUTHORITY, its officers, directors,
is employees and agents from and against any and all claims (including attorney's fees and
16 reasonable expenses for litigation or settlement) for any loss or damages for bodily injuries,
17 including death or loss of, damage to or loss of use of property caused by the negligent
18 acts, omissions or willful misconduct by CITY, its officers, directors, employees, agents
19 subcontractors or suppliers in connection with or arising out of the performance of this
20 Agreement.
21 9. CONTRACTOR shall pick up, transport and deliver such passengers at and to such
22 locations and at such times as are described in EXHIBIT A - STATEMENT OF SERVICES -
23 attached hereto and by this reference incorporated herein.
24 10. The term of this Agreement shall be one (1) year, commencing July 1, 1997, and expiring at
25 the end of business or 5:00 p.m. whichever occurs last on June 30, 1998.
26 I
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AGREEMENT NO. C-7-0391
1 11. For services provided by AUTHORITY under this Agreement, CITY shall pay AUTHORITY
2 the amount of One Dollar and Twenty-Eight Cents ($1.28) per passenger trip up to but not
3 to exceed the amount of Thirteen Thousand, Three Hundred Six Dollars ($13,306.00),
4 which would be the amount equivalent to the provision of the maximum number of
5 passenger trips specified in EXHIBIT A - STATEMENT OF SERVICES. AUTHORITY shall
6 submit quarterly invoices to CITY for payment pursuant to this Agreement within 30 days
7 after the close of each of the following periods: for period July 1, 1997, through
8 September 30, 1997; for the period October 1, 1997, through December 31, 1997; for the
9 period January 1, 1998, through March 31, 1998; and for the period April 1, 1998, through
to June 30, 1998. Failure of CITY to pay AUTHORITY amount due under this contract within
11 60 days from date of invoice shall entitle AUTHORITY to, in addition to any other legal
12 remedies available to AUTHORITY, suspend or diminish its performance under this
13 Agreement if it so elects.
14 12. Availability of Funds
15 a. It is mutually understood between the parties that this Agreement may have been
16 written before ascertaining the availability of congressional or legislative
17 appropriation of funds, for the mutual benefit of both parties in order to avoid
18 program and fiscal delays which would occur if the Agreement were executed after
19 that determination was made.
20 b. This Agreement is valid and enforceable only if sufficient funds are made available
21 to the State by the Congress or the Legislature for the Fiscal Year 1997-98, for the
22 purposes of this program. In addition, this Agreement is subject to any additional
23 restrictions, limitations, or conditions or any statute enacted by the Congress or the
24 Legislature which may affect the provisions, terms, or funding of this Agreement in
25 any way.
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AGREEMENT NO. C-7-0391
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1 c. It is mutually agreed that if the Congress or the Legislature does not appropriate
2 sufficient funds for this program, this Agreement shall be amended to reflect any
3 reduction in funds.
4 d. In the event that insufficient funds are appropriated, this Agreement may be
s canceled at any time by either party, by giving thirty (30) days written notice to the
6 other party.
7 e. AUTHORITY has the option to void this Agreement under the thirty (30) day
8 cancellation clause or to amend the Agreement to reflect any reduction of funds.
9 13. All notices pertaining to this Agreement, and any communications from the parties may be
to made by delivery of said notices in person or by depositing said notices in the U.S. Mail,
11 registered or certified mail, return, receipt requested, postage prepaid and addressed as
12 follows:
13 To CITY: To AUTHORITY:
14 City of Seal Beach Orange County Transportation Authority
is City Hall 550 South Main Street
16 211 8th Street P.O. Box 14184
17 Seal Beach, CA 90740 Orange, CA 92863-1584
is Attention: City Manager Attention: Procurement Administrator
19 (310/431-2527) (714/560-5609)
20 14. Any of the parties may cancel this Agreement by giving thirty (30) days written notice of said
21 cancellation to the other party. In the event of termination or cancellation for any reason,
22 CITY shall pay AUTHORITY for services rendered up to the effective date of such
23 termination.
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AGREEMENT NO. C-7-0391
15. This document fully expresses all understandings of the parties concerning all matters
2 covered and shall constitute the total Agreement. No prior written or oral provisions or
3 understanding, between the parties shall have any force or affect. No addition to or
4 alteration of the terms of this Agreement shall be valid unless made in writing and formally
5 adopted in the same manner as this Agreement.
6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
7 above written.
8 CITY � S AL B ACH
9 By o��--l��Q /l
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By
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ORANG OUNTY TRANSPORTATION AUTHORITY
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By 1/J�
15 is- Mills
Chirf Executive Officer
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A"'O D AS TO FORM:
By
18 Kennard R. Smart, Jr.
General Counsel
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• • A•EMENT NO. C-7-0391
EXHIBIT A
STATEMENT OF SERVICES
FOR
CITY OF SEAL BEACH
SENIOR TRANSPORTATION
1. The AUTHORITY, through CONTRACTOR, shall provide special agency
transportation service to the following senior centers for the purpose of
community meals and related activities:
North Seal Beach Senior Center
2. Service shall commence on July 1, 1997 when a contract is executed between
the AUTHORITY and the contracting CITY. Contracts not executed within
thirty (30) days after the effective date shall result in an interruption of service.
3. The AUTHORITY, or its CONTRACTOR, upon approval and direction by the
AUTHORITY, shall schedule and operate a vehicle or vehicles Monday through
Friday within the hours mutually agreed upon by the Authority and the senior
center. The service level will be determined according to the provisions stated
in ARTICLE 12, "Availability of Funds", found in Agreement No. C-7-0391.
4. The AUTHORITY at its discretion shall assign vehicles it deems necessary for
this transportation. The model and configuration of the vehicle may vary from
time to time. The vehicles are not for the sole purpose of the senior
transportation and there may be ACCESS rides booked on the routes.
5. The CONTRACTOR, upon approval and direction of the AUTHORITY, shall
assign any equipment it feels appropriate for the needs of the client and
reserves the right to reassign both equipment and drivers as needs may occur
either for the passengers or for AUTHORITY scheduling.
6. The AUTHORITY or its CONTRACTOR, upon approval and direction of
AUTHORITY, shall deny transportation to any passengers who may pose a
danger to themselves, other passengers or the drivers or who may require
special handing beyond the scope of the driver's responsibility and/or training.
7. All rides provided shall be on a space available basis. Geographic
considerations may affect the AUTHORITY's ability to schedule riders.
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AGREEMENT NO. C-7-0391
• EXHIBIT A
8. The AUTHORITY requires that all passengers be ready for the transportation
vehicle at the scheduled pick up time. The drivers shall wait only five minutes
after the scheduled time. If the passenger is not ready within this time the driver
must proceed to the next location and the passenger will be recorded as a "No
• Show". The CITY will be billed for all "No Shows" at the rate of $1.28 each.
9. Cancellations must be called in or faxed to AUTHORITY before 5:00 p.m. on the
day prior to the trip. The fax number is (714) 560-5979. Same day cancellations
will be handled as a "No Shove and the CITY will be billed at the same rate as
"No Shows" for these trips.
10. The CITY has budgeted $13,306.00 for FY 97-98. The service provided to the
center(s) shall not exceed this amount. This is used as a Not-To-Exceed
amount. The estimated number of trips for all centers from July 1, 1997 through
June 30, 1998 is 10,395. The AUTHORITY does not guarantee that all trips
budgeted for will be provided.
11. A Report will be provided to the CITY on a monthly basis reflecting the number
of trips used. Invoicing for the service will be on a quarterly basis within twenty
(20) days after the third service month ends. Payments must be made to
AUTHORITY within 60 days to ensure uninterrupted service.
12. Any concern or issue regarding the contract, service, billing, etc. should be
directed to Lisa Molnar, Access Eligibility Administrator at (714) 560-5956.
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