HomeMy WebLinkAboutItem AAGENDA STAFF REPORT
DATE: March 14, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: SENIOR TRANSPORTATION SENIOR MEALS
PROGRAM UPDATE
SUMMARY OF REQUEST:
That the City Council receive and file the Senior Transportation and Senior Meals
Program update.
BACKGROUND AND ANALYSIS:
Orange County Transportation Authority (OCTA) for many years provided
transportation services to seniors. These included various services such as Dial -
A -Ride, Orange County Transit District and Consolidated Transportation Services
Agency. In the 1990's, OCTA developed a program called the Senior Mobility
Program in which local agencies are provided with grant funds to operate their
own bus program. The idea behind the program is for each municipality to
structure their own program which caters to the needs of each respective
community. The City of Seal Beach secured this grant funding and has been
successfully operating the program for the past 20 years.
The Seal Beach Senior Program includes two components, transportation and
nutrition.
Transportation
Background
The Senior Transportation
not included) including the
Keolis (Western Transit).
Beach senior 60 and over
Program operates five days a week (holidays
Dial -A -Ride and Shopper Shuttle provided by
"he Dial -A -Ride transports for free, any Seal
o any location within Seal Beach city limit and
any doctor visit within a three mile radius of the Seal Beach city limit
through reservations. The Shopper Shuttle is a free, fixed route shuttle
that circulates within Leisure World to the Shops of Rossmoor and Target
Center (Monday through Wednesday). Additionally, on Thursday's only,
the Shopper Shuttle circulates between Leisure World and the Old Town
Area (see Attachment E).
Agenda Item A
Ridership
The Dial -A -Ride Program averages about 700 trips per month. The trips
have a variety of destinations ranging from shopping centers, medical
visits or to the Pier. Of the 700 monthly trips about 100 trips are made
outside the city limit for medical visits.
Agreements
The City currently has a contract with Western Transit Systems (Keolis)
for the Senior Transportation Program (see Attachment A). Keolis
provides all senior transportation services including the Shopper Shuttle,
Dial -A -Ride and Nutrition Program. The City entered into this agreement
on November 8, 2010 and it expires on November 8, 2016. The City
currently has an agreement with OCTA for the Senior Mobility Program
(see Attachment B). The agreement outlines the responsibilities between
both parties, reimbursements, program requirements and guidelines. This
agreement will expire on June 30, 2016 or may be extended to June 30,
2021 at OCTA's discretion.
Nutrition Program
Background
The City currently contracts with Community SeniorSery (CSS) to provide
home delivered meals, congregate meals and transportation
reimbursement for Senior Nutrition Program located at North Community
Center, (Monday through Friday from 8am to 2pm). The County of Orange
Office on Aging has contracted directly to CSS to reimburse the City to
transport seniors to the Nutrition Program. The City reports directly to
CSS to receive the transportation reimbursement. The City contracts with
Keolis to pick up and drop off seniors to and from their home to the meal
site, with the exception of Leisure World which has an agreed upon route
(see Attachment E).
Ridership/Participants
On a monthly average, the congregate meal program serves about 600
meals, 60 Shuttle passengers and 170 Dial -A -Ride trips.
Agreements
The City has two agreements with CSS, one for serving meals (see
Attachment C) and the other for reimbursing the City to transport seniors
to and from the meal site (see Attachment D). The meal agreement
between CSS and the City has no expiration date. The transportation
agreement expired on June 30, 2014. CSS is aware of it and is in the
process of preparing a new agreement, and CSS has already notified the
City that the annual cost for the Nutrition Program has increased, which
staff will address through the new agreement and the FY 2016 -2017
budget process.
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Funding for the entire City of Seal Beach Senior Mobility Program is derived from
five sources: General Fund, OCTA Senior Mobility Program, Air Quality
Management District, Golden Age Foundation and CSS. Below is a breakdown of
the revenue and expenditure table.
Source 13/14 14/15
OCTA Senior Mobility Program $71,533.28 $71,879.51
Air Quality Management District $30,000.00 $30,422.56
Golden Age Foundation $13,052.44 $20,487.26
CSS $6,219.00 $6,168.00
General Fund $110,211.26 $101,262.28
Total $231,015.98 $230,219.61
EXPENDITURES Fiscal Year
Vendor 13/14 14/15
Keolis (Transportation) $201,015.98 $200,219.61
CSS (Meals) $30,000.00 $30,000.00
Total $231,015.98 $230,219.61
The "Revenues" table depicts actual revenue received and applied to the entire
Senior Mobility Program. The "Expenditures" table shows actual expenditures
broken down by vendor, service and annual cost, illustrating that the program is
balanced.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact.
RECOMMENDATION:
Receive and File the update on the Senior Transportation and Senior Meals
Program.
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SUBMITTED BY. NOTED AND APPROVED:
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'76ill 41ngraM, Cit y Hager m rasharn Inte m
Director of Public Works
Prepared by: Michael Ho, Dep. Dir. PW /City Engineer
Attachments:.
A. Western Transit Systems (Keolis) Agreement
B. OCTA Senior Mobility Program Agreement
C. Community SeniorSery Transportation Agreement
D. Community SeniorSery Meals Agreement
E. Map and Route Schedule
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Attachment "A"
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PROFESSIONAL SERVICES AGREEMENT
SEAL BEACH
SENIOR TRANSPORTATION SERVICES
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
H
Western Transit Systems
1619 E. Lincoln Ave.
Anaheim, CA 92805
(714) 535 -0156
This Professional Service Agreement ( "the Agreement ") is made as of November 8,
2010 (the "Effective Date "), by and between Western Transit Systems ( "Contractor ")
and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties ").
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RECITALS
A. City desires certain transportation services for seniors.
B. After releasing a request for proposals for such services, the City
Council for the City determined that it wants to provide an expanded program
commonly known as "Dial -A- Ride" five days a week.
C. Contractor represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Services
1.1. Services. Contractor shall provide those services ( "Services ")
set forth in the request for proposal dated June 16, 2010 ( "RFP ") and
Contractor's proposal dated July 22, 2010 ( "Proposal "). To the extent that there
is any conflict between the RFP and this Agreement, this Agreement shall
control. Attachment A attached hereto includes the RFP, the Proposal and
Contractor's executed "Letter of Acceptance," declaring that Contractor will
perform and complete the work as required by the RFP.
1.2. Expanded Dial -A -Ride Services. Notwithstanding any inconsistent
provision in the RFP or Proposal, Contractor shall provide one vehicle and one
driver Monday through Friday 8:00 am to 5:00 pm for the Dial -A -Ride program to
transport eligible Seal Beach residents to and from any location within the City
and within a three mile radius outside the City's corporate boundaries.
1.3. Additional Services. The City Manager may authorize Contractor to
perform additional services ( "Additional Services ") not specified in Subsections
1.1 and 1.2 provided the City Manager authorizes such work in advance and in
writing. Payment for Additional Services in excess of $10,000 requires prior City
Council authorization.
1.4. Standard of Care. Contractor shall perform all services under this
Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably
satisfactory to City.
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1.5. Compliance with ADplicable_Law. In performing this Agreement,
Contractor shall comply with all applicable provisions of federal, state, and local
law.
2.0 Term
2.1 Initial Term. The initial term ( "Initial Term ") of this Agreement shall
commence as of the Effective Date and shall continue for a term of 3 years
unless previously terminated as provided by this Agreement.
2.2 Trial Term for Expanded Dial -A -Ride Services. Notwithstanding
Section 2.1, the City may unilaterally cancel the dial -a -ride services set forth in
Section 1.2 after a 6 month trial period. At its sole discretion, City may perform
an evaluation of such services to determine whether to extend, modify or cancel
such services.
2.3 Ci "s Option(s) to Extend A regiment. At City's sole discretion,
the City may elect to extend the term of this Agreement, upon the same terms
and provisions, for up to three consecutive years, by providing notice to
Contractor at least one month prior to the expiration of the Agreement.
3.0 Contractor's Compensation
3.1 Hourly Rate for Services. City will pay Contractor at the rate of
$50.25 for each hour of service satisfactorily performed by Contractor.
3.2 Hourly Rate for Dial -A -Ride Services. City will pay Contractor at
the rate of $47.24 for each hour of Dial -A -Ride Services satisfactorily performed
by Contractor.
3.3 Compensation for Additional Services. City will pay Contractor at
the rate of $50.25 for each hour Contractor performs Additional Services
pursuant to Section 1.3. City Manager may authorize payment for Additional
Services up to a cumulative maximum of $10,000. Payment for Additional
Services in excess of $10,000 requires prior City Council authorization.
4.0 Method of Payment
4.1. Contractor shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Contractor within 30 days of receiving
Contractor's invoice. City will not withhold any applicable federal or state payroll
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and other required taxes, or other authorized deductions from payments made to
Contractor.
4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's
agents or representatives to inspect at Contractor's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Contractor in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Contractor based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement maybe terminated by City upon 10 days' notice to
Contractor if Contractor fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Larry Slagle is the Contractor's primary representative for purposes
of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
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To Contractor: Western Transit Systems
1619 E. Lincoln Ave.
Anaheim, California 92805
Attn: Larry Slagle
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Contractor is an independent contractor and not an employee of the
City. All services provided pursuant to this Agreement shall be performed by
Contractor or under its supervision. Contractor will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Contractor shall also not
be employees of City and shall at all times be under Contractor's exclusive
direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Contractor's personnel practices. City shall have the right to offset against
the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Contractor is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
Contractor shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
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11.0 Insurance
E
11.1. Contractor shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Contractor has secured all
insurance required under this Section. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Contractor shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Contractor
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by the City
to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor's scheduled underlying coverage and that
any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
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volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Contractor or for which the Contractor is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Contractor guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Contractor shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnities ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Contractor, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. With
respect to any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against Indemnitees, Contractor shall
defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay
and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Contractor, the City, its directors,
officials, officers, employees, agents or volunteers. All duties of Contractor under
this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
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Contractor affirmatively represents that it is an equal opportunity
employer. Contractor shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0- Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
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20.0 Prohibited Interests; Conflict of Interest
20.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Contractor shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Contractor "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Contractor has been retained.
20.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Contractor, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Contractor hereunder the full amount or value
of any such fee, commission, percentage or gift.
20.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Contractor, and that if any such interest comes to the knowledge of
Contractor at any time during the term of this Agreement, Contractor shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing parry in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
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All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. in the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Parry and that by his or her execution, the Contractor is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH
By:
xx
Patrick P. Importuna
City Manager
Attest:
By: 11 YIA U4
Linda Devin , City Cerk
Approved as to Form:
By: f pc"��
uinn Barrow, City Attorney
Name: Lar Slagle
Its: President
By:
Name:
Its:
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Attachment "B"
COOPERATIVE AGREEMENT C -1 -2487
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SEAL BEACH
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this day of 2Unc 2011
by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863 -1584, a public corporation of the state of California (hereinafter referred to as
"AUTHORITY "), and the City of Seal Beach, . 211 Eighth Street, Seal Beach, California 90740
(hereinafter referred to as "CITY "). Herein, AUTHORITY and CITY are sometimes individually referred
to as the "PARTY" and collectively as the "PARTIES."
WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Seal
Beach; and
WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
concerning senior transportation services; and
WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY
and CITY in executing a Senior Mobility Program for senior transportation; and
WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange
County Local Transportation Authority Ordinance No. 3; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
February 14, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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AGREEMENT NO. C -1 -2487
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including all exhibits and documents incorporated herein and made
3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and
4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior
5 representations, understandings and communications. The invalidity in whole or in part of any term or
6 condition of this Agreement shall not affect the validity of other term(s) or condition(s).
7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of
6 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and
10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an
12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued
13 in accordance with the provisions of this Agreement.
14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
15 A. AUTHORITY agrees to provide funds per the following guidelines:
16 1. Services provided under the Senior Mobility Program are available to individuals
17 60 years of age and older.
18 2. Funds for the program are identified as 1 % of Renewed Measure M (M2) net
19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's
20 respective percentage of the senior population for the entire county.
21 3. Senior population will be determined by using the most current official
22 decennial Census information provided by the U.S. Census Bureau.
23 4 4_ All active participants will receive their portion of funding on a bi- monthly
24 basis.
25 B. In the event that the amount of M2 funding provided for this program is less than the
26 amount allocated for this program in Fiscal Year 2010 -11 as illustrated in Exhibit B, "Senior Mobility
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AGREEMENT NO. C -1 -2487
1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds
2 to CITY in an amount no greater than FY2010 -11 funding levels less M2 SMP revenues for up to three
3 (3) years. Disbursement of TDA funds will occur with the last bi- monthly distribution of M2 funds during
4 the fiscal year.
5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years
6 of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be
7 granted beyond a total of five years from the date of the initial funding allocation.
8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained
9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be
10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for
11 allocation to any project within the same source program at the discretion of AUTHORITY.
12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle
14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five
15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
16 ARTICLE 3. RESPONSIBILITIES OF CITY
17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
18 above will be used exclusively for providing accessible senior transportation services that do not
19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work."
20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for
21 this program.
22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within
23 three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions
24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.
25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
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AGREEMENT NO. C -1 -2487
AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
any project within the same source program at the discretion of AUTHORITY.
E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation,
Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions.
F. CITY may contract with a third -party service provider to provide senior transportation
services provided that:
1. Contractor is selected using a competitive procurement process; and
2. Wheelchair accessible vehicles are available and used when requested.
G. CITY shall procure and maintain insurance coverage during the entire term of this
Agreement. Coverage shall be full coverage or subject to self- insurance provisions. 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 limit of
$1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
2. Automobile Liability Insurance to include owned, hired and non -owned autos with a
combined single limit of $1,000,000.00 each accident;
3. Workers' Compensation with limits as required by the State of California including a
waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or
agents;
4. Employers' Liability with minimum limits of $1,000,000.00; and
5. Professional Liability with minimum limits of $1,000,000,00 per claim.
H. 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 work. Proof of insurance coverage must be received by AUTHORITY within ten
(10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,
employees and agents designated as additional insured on the general and automobile liability. Such
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AGREEMENT NO. C -1 -2487
1 insurance shall be primary and non - contributive to any insurance or self - insurance maintained by
2 AUTHORITY.
3 I, CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
4 Number C -1 -2487; and, the Senior Contract Administrator's Name, Pia Veesapen.
5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior
6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as
7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this
8 Agreement, which is incorporated into and made part of this Agreement.
9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and
10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements.
11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the
12 jurisdiction's fiscal year and include the following:
13 1. All Net Revenue fund balances and interest earned.
14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and
15 program or project.
16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program
17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking
18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming
19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking
20 possession of the vehicle.
21 ARTICLE 4, TERM OF AGREEMENT
22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect
23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement.
24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021.
25 /
26 /
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AGREEMENT NO. C -1 -2487
ARTICLES. 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 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
211 Eighth Street
Seal Beach, California 90740
ATTENTION: Sean P. Crumby
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, California 92863 -1584
ATTENTION: Pia Veesapen
(562) 431 - 2527 ext. 1318 (714) 560 - 5619
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 thereunder.
ARTICLE 7. ORDER OF PRECEDENCE
Conflicting provisions hereof, if any, shall prevail in the following descending order of
precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any,
cited herein or incorporated by reference.
ARTICLE 8. 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. 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 such parties
during CITY's performance hereunder and for a period of four (4) years from the date of final payment
by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also
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AGREEMENT NO. C -1 -2487
1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce
2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
3 ARTICLE 9. TERMINATION
4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in
6 advance of the specified date of termination,
7 ARTICLE 10. INDEMNIFICATION
8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
9 employees and agents from and against any and all claims (including attorney's fees and
10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in
13 connection with or arising out of the performance of this Cooperative Agreement .
14 B. CITY shall maintain adequate levels of Insurance, or self- insurance to assure full
15 indemnification of AUTHORITY.
16 ARTICLE 11. ALCOHOL AND DRUG POLICY
17 A. CITY agrees to establish and implement an alcohol and drug program that complies with
18 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this
19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its
20 compliance with sections 701 -707.
21 B. Failure to comply with this Article may result in nonpayment or termination of this
22 Agreement.
23 ARTICLE 11. CONFLICT OF INTEREST
24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest
25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to
26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work
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• •
AGREEMENT NO. C -1 -2487
identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive
advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as
soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY
pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this
Agreement.
ARTICLE 12. CODE OF CONDUCT
CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party
contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to
include these requirements in all of its subcontracts.
ARTICLE 13. 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; or a material act of
omission by the other PARTY: 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 PARTY not performing.
1
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AGREEMENT NO. C -1 -2487
1
Upon execution by both PARTIES,
this Cooperative Agreement shall be made effective on
2
July 1, 2011.
3
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No.
4
C -1 -2487 to be executed on the date first above written,
5
CITY OF SEAL BEACH
ORANGE COUNTY TRA ' PORTATION AUTHORITY
6
By
BY
Jill am
Will Kempton
7
City Manager (Acting)
Chief Executive Officer
8
9
APPR VED AS TO FORM:
10
By
Kennard R. Smart, Jr.
11
General Counsel
12
13
APY PRO
14
B _ F
136th McCormick
15
General Manager, Transit
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SCOPE OF WORK
Senior Mobility Program
AGIAMENT NO. C -1 -2487
EXHIBIT A
1. The City of Seal Beach (City) shall utilize funding provided by the Orange County
Transportation Authority (OCTA) and its local match to provide the following
services:
• Curb to curb paratransit service for Seal Beach senior residents age 55 and
older and persons with disabilities.
Service shall be provided as available with one bus operating and within the
permitted budget.
• The service shall run from 8:00 a.m. to 5:00 p.m.
• The service shall run from Monday through Friday.
Expanded Dial -A -Ride Services, providing one vehicle and one driver Monday
through Friday 8:00 a.m. to 5:00 p.m. transporting eligible Seal Beach
residents to and from any location within the City and within a three -mile
radius outside the City's corporate boundaries.
2. The City shall follow competitive procurement practices in selection of vendors
for all services which it does not provide using its own workforce. Any Request
for Proposals (RFP) for services shall specify the use of vehicles meeting ADA
accessibility standards.
3. The City wishes to obtain the following retirement eligible OCTA ACCESS
vehicles:
+ One (1) bus donated by OCTA,
► One (1) additional vehicle which it will purchase from OCTA for $5,000. The
cost of any additional vehicles shall be deducted from the next fiscal year
allocation. City must register the vehicle and maintain title for at least one
year after transfer of title from OCTA.
4. The City shall perform, or ensure that a contracted vendor performs,
maintenance of all vehicles used in the Senior Mobility program, including, at a
minimum:
+ Daily Pre -Trip Inspections that meets or exceeds the guidelines provided in
the attached Pre - Operation Inspection & Defect Report (Attachment 1)
Scheduled preventive maintenance that meets or exceeds the guidelines
provided in the attached Senior Mobility P,M. Checklist, including the
maintenance of all accessibility features of the vehicles. (Attachment 2)
The City shall maintain maintenance records for each vehicle for 5 years and
shall cooperate fully in annual Motor coach carrier terminal inspections
conducted by the California Highway patrol
City of Seal Beach
Attachment 1 •
Pre- Operation Inspection & Defect Report
Bus. /'an No. Date:
t- ederal Regulations veto that no motor vehicle carrying passengers !or ruin
shal be driven UrVess the driver has oetermned that me folo%ing parts and
accessories are in good worlvnq order. Each diver is required to submit e
signed written report daily for each coach driven.
Ist Driver:
Miles Finnsh: Miles Start: Miles Elapsed:
No Defects, 0 Defects: 0 Signature:
2nd Driver.,
Miles Finish: Miles Start:
No Defects; 0 Defects: 0 Signature:
3rd Driver, -
Miles Finish:
No Defects:
Miles Start,
0 Oelects: 0 Signature:
Miles Elapsed:
Miles Elapsed:
PREOPERATIONS INSPECTIONS
Indicate with an (x) that each dear has been checked.'
AM/PM
AM/PM
Tires'Lug Nuts lwneels 8 rims) !
Emergency Reflectors
^!
Motor -Guard
/—
Turn Signal Swrtch/Hom
!_ Air System
+/
I—
-
First Aid KA
Lrgnts-'Reflectors
I—
Radio
' Wheelchair Lils
!
Driver's SeatiBen
^t� Wneelenair Lift Cover ! ~
Door Interlock
Mirrors
_rWIC
Tie Down Straps
Windsnield Niperswashers
_l�
Manual Lift Bar
Fire Extinguisher
_ /_—
Conduct Walk Around
Steeling Mebhanism _t_
ParkinglSrakes!Service
Brakes
DEFECT'S.- Indcate with
an {a j detective items orrty: (Explain in Detail)
OR &y
RET ROB
61
_ Brake Fluid Leaks
_ Light On:
_ Hot Engine/Water Leaks
_ Soft'Hard
Brakes Nor Appb► ,d — Low Oil/Oil Leaks
u Pug to LIR
_ Light On:
_ Starts Hard
Dragging
Brakes Appied,
_ No Power/Eng. Ck. Light
_ Smoking
Bus Stopped
_ Smokes
Emergency Brake
— Light Not On:
_ Idles Rougni%romtion
_ Orrw . egitain
Brakes Appied,
T Exhaust, Vacuum Leaks
77RfSAtiHE`LS
Bus Moving
Fuel Le81&.PG /Gas
_ Fit
A1-- i HfA7tNG
— Otw -°age
Errizedcled Object
_ OH
TRANSMISSION
_
_ 7oo Colo/Hot
_ Won't Go Into Gear
_Cut
S.nnooth"Core
r'.f
_ Defroster Defect
_ SIipsiGrinovturches
Rf RRi RRO Lit' :RQ
Ventilawn (Slowers)
^_
_ Excessive Norse
Loose Missing Lugs
Fumes
_ Leaks
Other = eptain
— Ottkx -n
Drive Line Vibration
_
l�sNTS
�p7RANCFJExrr DQQRS!
—Rear End Mdse
Interior
WiMpa
S TEERIN
xtenor
_ Stow
_ Hard/9ind3
txatior:
Inoperative
^_
_ Shimmy
_
Leaks Air
_ Excessive Play
r`Ftrct E Ct EAUf WE
_ Excessive Play
— other _ eoyain
Other - exptarn
_ Interior
rerwr
_ Emergency Releases
Ge°7a`r
_ Generelor/Stand
_
Floor
&W- MCHAJALIFT
— Tum Signals IF- tasners
_
w
Will Not Folio Out
_ Horn
Seat Condition
_
Will Not Lwrer /Raise
_ Fare Box
Ecptatn:
— No Resnirt ��P
_ Instruments/Gauges
Uft Will Not Fold into
— Fuel, Oil, Amp Livier
T
Bus
?tbry _ Seats _ Hanorads
_ iAooesr! Panels
•
dUUY UAMAUt::
Circle and �e -cnbe any darna;e to a ous cm d,a,ra.w:
Irontirear ano N.-c- sr -ze views
I l
;�
f�
U U
C F
Descriptlon: —
Descrratron
Description:
OPERATOR(S):
IMPORTANT! i-telp expedite repairs oy providing necessary
information regarding detects! Please print
REPAIRS MADE.
ALL ITEMS COMPLETED - BLrS SERVICED AND RELE SED:
Suoervlsor's Sivnaiuee
Date.
Attachment 2 •
0 Inspection
Senior Mobility P.M. Check List
Date
Bus#
TERMINAL
workorder#
Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side
(Miles between
B. Check files and open workorders
9 1
r In;arinr 9 E. Under hood Y a
1
Entry door operation and seals
2
Temperature and oil warning devices
3
Neutral safety system
4
Horn, gauges and dash lights
5
Heater, defroster and fan
8
lWindshield wipers and washer
7
Indicator lights
8
Throttle operation
9
Steering free play In.
10
Applied and unapplied brake test for vacum loss
11
Interior lights
12
Windshield and window glass condition
13
Window mechanism and seals
14
Seat condition
15
Interior body, floor and stantions
16
Fire extinguisher date and bracket
17
lRoad warning devices
18
First aid kits
19
Emergency exits operation, warning devices and signs
:20
Interior clean
21
Back up alarm
r) FxtPrinr
x
1
All exterior lights and signals
2
Mirror condition and mounting
.3
Record body damage
14
Bumper bolts
5
Paint lettering and appearance
i9
Emergency exits
'7
Axle flange and lug nuts, oil hubs
IB
Tire side wall condition, cracked wheels, valve stem
9
Valve stem cap, alignment of rear duels
19
Tread depth
11
LF I RF LRO
12
LRI RRO RRI
10
Tire inflation: Record and inflate
14
LF RF LRO
15
LRl RRO RRI
1
Check for visible leakage
2
Engine oil level
3
Transmission fluid level and condition
4
Brake fluid
5
Power steering fluid
&
Check all belts
7
Component and accessory mounting
8
Check all hoses and routing
9
Coolant level and protection c/f ph
10
Pressure test cooling system
11
Water pump and fan clutch play
12
Air filter condition - check restriction gauge
13
Check exhaust system
14
Battery fluid level and mounting
15
Clean battery and connections
16
Drain fuel /water separator
F. L1ndPr BriS
x u
1
Kingpin and wheel bearing play
2
Tire wear, condition and matching
3
Leakage at backing plates and wheel seals
4
Steering box, mounting, leakage, looseness and leaks
5
Front shocks and mounting
6
Front springs, bushings
7
Engine leaks, lines, filters, hoses and engine mounts
8
Starter and connections
9
Exhaust system and mounting
10
Transmission mounted parking brake
11
Transmission leaks
12
Output shaft play
13
jDriveshaft guard, U joints and retarder
14
Body hold downs and insulators
15
Wiring along frame
16
Differential leaks, fluid level
17
Pinion play
18
Breather vent
19
Rear shocks and mounting
20
Rear springs, bushings and U bolts
21
Leakage at backing plates and wheel seals
22
.Fuel tank straps and lines
23
Tail pipe hangers
'24
Lube entire chassis
25
Check drag link, tie rods and idler arms
Attachment 2 • 0 Inspection
Senior Mobility P.M. Check List
su
n
U, ofOW6
1 Visible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
�4 Hvdraulic lines
Remove wheels and check the following items
15 Pads and rotors
13 ICh..k pins and caliber's _
H. Roadtest
I. Note repairs needed
Signature of Inspecting Mechanic
6,000 miles- inspectiontoil change
30,000 Transmission service
60,000 Differential service
i?�Lffirisc►uar�n�
cr
0.
.� m
1
Check lift for proper operations
2
Inspect for stress, cracks, mounting and alignment
3
Check pins
4
Check the complete hydraulic system
5
Check micro switches and electrical wiring
6
Check all system covers and warning signs
7
Check safety barrier
8
Lube complete lift
9
Check wheelchair securemenls, proper amount and operation
10
Lift door warning device
11
Lift cover in place
Signature of Supervisor
i
AGREEMENT N0. C -1 -2487
EXHIBIT B
Senior Mobility Program Allocation
OCT� FY 2010 -11 Transportation Development Act Article 4.5 Funds
` WOR, d�tq J. �r�•"�- r � .. I I q�{� � ti.`. 4
Anaheim $ 194,204
Brea $ 37,766
Buena Park $ 49,457
Costa Mesa $ 83,053
Garden Grove $ 183,225
Huntington Beach $ 164,622
Irvine $ 93,151
La Habra $ 52,413
Laguna Hills $ 34,226
Laguna Niguel $ 46,533
Laguna Woods $ 128,998
Lake Forest $ 45,677
Newport Beach $ 111,163
Placentia $ 38,104
Rancho Santa Margarita $ 14,403
San Clemente $ 50,698
Santa Ana $ 167,850
Sea; Beach $ 69,114
Westminster $ 66,902
Yorba Linda $ 40,913
Total (Current Participants) $ 1,672,472
GREEMENT NO. C -9 -2487
Senior Moility Program Monthly Reportio Form EXHIBIT C
FA Monthly Reporting E -Form
Aom OCTA
d tr t° .i ? �s" '� 41�irfPO i ln�
Service for the Month /Yoars of: L
Program Name:
City or Organization:
Contact Person:
Contact Number:
• :� � K ��s � z ,d .. • ,;. �'E "r' ;try" # 1� tF4 tv�}i '�"�'�^ai � bra, .?,fin_ , #sx�' : = '1 ,�°�r�at�, -_t
b� " r+s �r`„ �� ,Z,.7#.�"+��"&;s3�tc.r�r�t#x+� r.s:- �t -'+._ c��l�:�.r. �s�"ia.,,.:i. ��IB'� S4s"�:•�r " -�f� :�.
Trip Category 1y One -Way 1} Vehicle Service ji Vehicle Service
i Passenger Trip k Hours Miles
I Nutrition Trips: `
j Medical trips: 111
Shopping trips:
Other trips:
(Please specify trip type below —)
Totals: p Q 0 OCTA Monthly Contribution Amount:
City Monthly Contribution Amount:
Total Operation Cost for Month:
Source of City Contributions,
"Please specilly specify other trip t es being rovided to seniors in this space:
Please provide the requested information and submit the completed 11xm to OCTA
Attention: Jessica DeakynolCommunity Transportation Coordinator. by email to jdeakyno@octe.nel or by FAX to (714)500.5927.
"'By the 151h day of the month following the reporting month"'
Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form.
Comments:
TR- 00- 006.doc (09116108) Page 1 of 1
AGREANT NO. C -1 -2487
EXHIBIT D
�.
National Drug-Free
Workplace Alliance
DRUG -FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law, enacted November 1988, with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act, (raising the contractor amount from
$25,000 to $100,000), requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100,000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States. It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug -free workplace in compliance with the Drug -Free Workplace Act
of 1988. The Law further requires that all individual contractors and grant
recipients, regardless of dollar amount /value of the contract or grant, comply with
the Law.
Certification that this requirement is being met must be done in the following
manner:
By publishing a statement informing all covered employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement.
By providing ALL covered employees with a copy of the above - described
statement, including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract. For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds), and 'indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program).
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Page 1 of 2
Revised. 03/03/2010
AGREANT NO. C -1 -2487
EXHIBIT D
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee, are not covered even if physical place of
employment is in the grantee's workplace.
By establishing a continuing, drug -free awareness program to inform employees
of the dangers of drug abuse; the company's drug -free workplace policy; the
penalties for drug abuse violations occurring in the workplace; the availability of
any drug counseling, rehabilitation, and /or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5) calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10) days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures, including
termination, for an employee convicted of a drug abuse violation in the
workplace. These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good- faith" effort to comply with all of the requirements
as set forth in the Drug -Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant, suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office, has not fulfilled the
requirements of the law, or has excessive drug violation convictions in the
workplace. Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug -free workplace. The contract or grant officer
may determine the number on a case -by -case basis. Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5)
years. Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug -free Workplace Act does not require employers to establish an
employee assistance program (EAP) or to implement drug testing as a part
of the program.
Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining
Act of 1999 (FASA).
Page 2 of 2
Revised: 03/03/2010
Attachment "C"
Scope of Work — Community SeniorSery Nutrition Transportation Program
City of Seal Beach
Community SeniorSery Nutrition Transportation Program
"Scope of Work"
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
Seal 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;
California;
3. Workers' Compensation with limits as required by the State of
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
Chief Executive Officer
APPROVED AS TO FORM:
By
Page 7 of 7
Legal Counsel
Attachment "D"
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 Membersay, a!L.C��
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
/Z qkz
Mayor '
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 5155 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,
d
ity Clerk
AGREEMENT
SENIOR NUTRITION AND SUPPORTIVE SERVICES
City of Seal Beach and Community SeniorServ, Inc.
THIS AGREEMENT is made and entered into this 1 st day of July, 2007, by and between
Community SeniorServ, Inc., a nonprofit corporation, hereinafter designated as "SeniorSery ",
and City of Seal Beach, hereinafter designated as "Contractor'.
RECITALS
WHEREAS, the United States Congress, through the Administration on Aging of the Department
of Health and Human Services, and the State of California, the California Department of Aging
and the County of Orange through the Office on Aging, have awarded SeniorServ, pursuant to
Title III C (1) and III C (2) and C Title III B of the Older American's Act of 1955, as amended,
certain funds to help in the area of nutrition and supportive services for senior citizens.
WHEREAS, the SeniorSery Board of Directors has authorized the Executive Director and
President of the Board to enter into this Agreement on behalf of the Board.
WHEREAS, the purpose of this Agreement is to state the terms and conditions under which
SeniorSery will provide nutrition services to Contractor for provision of the Senior Nutrition
Program located at 3333 St. Cloud Dr., Seal Beach and also provide meals to be delivered to
the home served in homes located within Seal Beach, which shall be delivered by volunteers.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Terms of Agreement
The terns of this Agreement shall commence on July 1, 2007 and shall remain in full
effect until terminated by either party.
Contribution towards Senior Nutrition Program
Contractor agrees to contribute $30,000 annually towards supporting the senior nutrition
program. SeniorSery will provide quarterly reports to Contractor on the number of meals served
to Seal Beach residents.
Compliance With Laws
Contractor shall comply with all Federal, State and Local laws, ordinances, regulations and
directives applicable to the performance of this Agreement. Contractor shall further keep and
maintain any and all licenses, permits, notices and certificates as required by law.
SeniorSery and Contractor shall be bound by terms and conditions contained in the Agreement
with the County of Orange Office on Aging, and in the event of any conflict between the
provisions of Title III, the latter prevails.
Page 1 of 6
Termination /Modification of Agreement
Both parties understand and agree that unforeseen circumstances can occur regarding all
matters covered by this Agreement such as, but not limited to, change of personnel or funding.
Therefore, each party reserves the unilateral right to determine when such unforeseen
circumstances have occurred and there upon each party shall have the right to terminate this
Agreement on 90 days written notice to the other party.
Either SeniorSery or Contractor may unilaterally terminate this Agreement for any major breach
upon thirty (30) days written notice to the other party provided that the alleged breach is not
corrected within that time. Said notice shall specifically state the alleged breach and the parties'
intention to terminate.
For the purpose of unilateral termination of this Agreement, a major breach by SeniorSery
and /or Contractor shall be any failure to perform as required under this Agreement. SeniorSery
may also terminate Agreement on thirty (30) days written notice in the event its funding
allocation decreases.
This document fully expresses all understanding 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, unless otherwise authorized by SeniorSery and Contractor.
Any notice required to be given under this Agreement shall be by First Class mail addressed to
SeniorSery as follows:
Community SeniorServ, Inc.
Attention: Ms. Ret Wixted, Executive Director
1200 N. Knollwood Circle
Anaheim, CA 92801.
and to Contractor as follows:
Linda Devine, City Clerk
City Of Seal Beach
2118 1h St.
Seal Beach, CA 90740
Attorney's Fees and Cost
If any action of law or inequity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to recover from the losing party, reasonable attorney's fees,
cost, and necessary disbursements in addition to any relief to which such party may be entitled.
Indemnification
Contractor shall indemnify and hold SeniorSery 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 Contractor, its employees, agents or sub Contractors in
the performance of this Agreement.
Page 2 of 6
• •
SeniorSery shall indemnify and hold Contractor 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 SeniorServ, its employees, agents or sub - Contractors in
the performance of this Agreement.
Contractor agrees to obtain and keep in force during the terms of this Agreement a policy of
Commercial and General Liability Insurance insuring Contractor against any liability for accident,
injury or death arising out of the acts, or failure to act, of Contractor and for any and all claims of
liability arising out of the use, occupancy or administration of the premises housing Contractor
and all areas appurtenant thereto and vehicles used in the furtherance of this Agreement.
SeniorSery shall be named on said policy as an additional insured. Such insurance shall be in
the amount not less than $1,000,000 for any injury to, or death of, any person or persons in any
one accident or occurrence. Contractor shall absorb all costs and premium payments of said
Commercial General Liability Insurance.
SeniorSery agrees to obtain and keep in force during the term of this Agreement a policy of
Commercial General Liability Insurance insuring SeniorSery against any liability for accident,
injury or death arising out of the acts, or failure to act, of SeniorSery and for any and all claims
of liability arising out of the use, occupancy or administration of the premises housing
SeniorSery and all areas appurtenant thereto and vehicles used in the furtherance of this
Agreement. SeniorSery shall be named on said policy as an additionally insured. Such
insurance shall be in the amount not less than $ 1,000,000 for any injury to, or death of, any
person or persons in any one accident or occurrence. SeniorSery shall absorb all costs and
premium payments of said Commercial General Liability Insurance.
Contractor shall, throughout the term of this Agreement, provide and maintain a policy of
Worker's Compensation Insurance covering all its employees, at Contractor expense.
SeniorSery shall, throughout the term of this Agreement, provide and maintain a policy of
Worker's Compensation Insurance covering all SeniorSery employees, at SeniorServ's
expense.
Limitation of Liabi €itv
The liability of SeniorSery is expressly limited to the maximum amount of insurance coverage.
In no event shall SeniorSery be liable for consequential damages of any kind.
Staff at Nutrition Site
SeniorSery agrees to provide staff, hereinafter designated as the Site Manager, to coordinate
the Nutrition Program at the lunch site, The Site Manager shall attend all staff meetings, in-
service training sessions, and follow directions of the Executive Director or his/her designee to
ensure that all applicable Federal regulations and guidelines under Title III of the Older
Americans Act and the County of Orange Office on Aging are in compliance. The Site Manager
must obtain ServeSafe Certification, which will be coordinated by SeniorServ. SeniorSery
agrees to provide supervisory personnel who will be available during hours of operation to
report to and confer with the Site Manager. It is understood and agreed by all parties hereto,
that in the event SeniorSery terminates its participation at the end of the term of Agreement, or
the Project is not renewed for another year, all Title III funded Project employees shall be
terminated.
Page 3 of 6
Compensation of Staff
SeniorSery agrees to pay salary, taxes, and all other expenses relating to SeniorSery
employees. Contractor agrees to pay salary, taxes, and all other expenses relating to persons
Contractor employs.
Contractor and SeniorSery shall not discriminate against any individual with respect to his /her
compensation, terms, conditions, or privileges of employment, or discriminate in any way which
would unlawfully deprive, or tend to deprive, any individual of employment opportunities, or
otherwise unlawfully adversely effect his /her status as an employee, because of such
individual's race, color, religion, sex, marital status, ancestry, national origin, physical handicap,
mental disability, medical condition, or age. Contractor and SeniorSery shall encourage or
solicit employment applications from senior citizens.
Affirmative Action shall be taken to ensure that all applicants and employees are treated without
regard to their race, religion, color, sex, national origin, age, or physical or mental handicap.
The areas in which Affirmative Actions shall be taken include, but are not limited to, the
following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
termination, rate of pay or other forms of compensation, and selection for training, including
apprenticeship.
Volunteer Particlpation
To the maximum extent feasible, SeniorSery and Contractor shall provide opportunities for
voluntary participation of individuals in all aspects of project operations. Volunteer opportunities
will be available to persons of all ages. Contractor's insurance will include coverage for
volunteers.
Confidentiality
Contractor and SeniorSery shall protect from unauthorized disclosure names and other
identifying information concerning persons receiving services pursuant to this Agreement, and
information about, or obtained from said persons, except for statistical information not identifying
any client.
Contractor and SeniorSery shall not use such information for any purpose other than carrying
out the obligations under this Agreement.
Non - Discrimination
Contractor and SeniorSery shall comply with State and Federal laws, rules and regulations
regarding nondiscrimination. Services, benefits and facilities shall be provided to clients without
regard to their ethnic group identification, age, race, color, religion, national origin, sex, physical
or mental handicap, except to the extent services under this Agreement are required to be
rendered to persons on the basis of these criteria. All persons age 60 and older will be eligible
to receive a meal and be given the opportunity to make an anonymous donation. No qualifying
senior will be refused service due to the inability or unwillingness to donate.
Contractor and SeniorSery shall comply with Sections 503 and 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C., Section 794), all requirements imposed by the applicable
Federal regulations (45 CFR, Part 84), and all guidelines and interpretations issued pursuant
thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be
Page 4 of 6
excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity of this Agreement, and that Affirmative Action shall
be taken in regard to employment of the disabled.
Contractor and SeniorSery performing under this Agreement shall comply with Title VI of the
Civil Rights Act of 1964, as now in existence or hereafter amended or changed and with all
requirements imposed pursuant to the Regulation of the Department of Health and Human
Services (45 CFR Part 80), issued pursuant to that Title, to the end that, in accordance with Title
VI of the Act and the Regulation, no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or
otherwise subjected to discrimination under any program or activity funded pursuant to this
Agreement.
Contractor and SeniorSery shall comply with Title VII of the Civil Rights Act of 1964, as
amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 2292 -961), and with
the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive
Order 11375, and as supplemented by Department of Labor Regulations.
Contractor and SeniorSery shall further comply with all applicable requirements set forth in the
Voluntary Compliance Agreement between the Office of Civil Rights and County of Orange
Office on Aging, dated February 1, 1986.
Contractor and SeniorSery shall comply with the provisions of the Fair Employment and
Housing Act (California Government Code, Section 12900 et seq.), the regulations promulgated
thereunder (California Administrative Code, Title 2, Section 7285.0, et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (California
Government Code Sections 11135- 11139.5), and the regulations or standards adopted or
utilized by the California Department of Aging to implement such Article.
Authoritv to Enter Prooert
Contractor hereby authorizes properly accredited representatives of SeniorSery to have access
to the nutrition site appearing herein, during the hours of nutrition site operation or at anytime
whenever necessary to fulfill the duties of SeniorServ.
Provision of Services by SeniorSery
Under terms of this Agreement, SeniorSery shall provide:
(a) Congregate Lunches containing at least one third of the recommended dietary
allowance five (5) days per week.
(b) Home Delivered Meals, consisting of breakfast, lunch, and dinner, will be
provided five days per week. These Meals contain one hundred percent of the
recommended dietary allowance and will be packaged for home delivery. Meals
will be delivered five (5) days per week.
(c) Quarterly In- service training sessions for volunteers and Nutrition Program staff.
(d) Case Management services based on case worker's recommendations and client
need.
Page 5 of 6
0
•
(e) In -Home Services, as necessary based on case manager's recommendations
. and client need.
Provision of Services by- Contractor — Congregate Meals
Under the terms of this Agreement, Contractor shall provide:
(a) One nutrition site where meals are served, availabfe three (3) hours each day
(10:00 a.m. - 1:00 p.m.), that is clean, neat, has adequate lighting and ventilation
and meets all applicable health, fire, safety, and sanitation regulations.
(b) Support for SeniorSery fundraisers.
The parties have executed this agreement as of the date of signing and can only be modified by
written agreement.
City of Seal Beach Community SeniorServ, Inc.
City Manager V jec�utive Director
ATTEST:
ty blerk
APPROVED AS TO FORM:
City Attorney
Page 6 of 6
9
43,458
0
126,464
COMMUNITY SENIORSERV, INC
$ 21,777 $
11,822 $
33,599
CITY OF SEAL BEACH
26,388
53,654
80,042
NUTRITION SERVICES 2007 - 2008
------ - - ---- CITY OF SEAL BEACH
------ - --- --
19,238
CONGREGATE
HOME
TOTAL -
7/12/2007
MEALS
MEALS
PROGRAM
1,890
Audit
Budgeted Meals Served 07 -08
14,264
42,247
56,511
Percentage of Total Meals Served
0.041
0.053
0.049
DIRECT COSTS:
43,458
83,006
126,464
Direct Site Staff
$ 21,777 $
11,822 $
33,599
Food Costs
26,388
53,654
80,042
Program Supplies
6,564
12,674
19,238
TOTAL DIRECT COSTS
54,729
78,150
132,879
INDIRECT COSTS:
43,458
83,006
126,464
Salaries
30,617
52,289
82,906
Benefits
7,219
12,379
19,598
In -Kind
4,776
9,074
13,850
Travel
328
1,267
1,595
Consultants
676
1,215
1,890
Audit
123
211
334
Rent
3,154
3,802
6,956
Utilities
1,229
2,112
3,341
Insurance
1,311
2,112
3,423
Office Expenses
1,229
1,162
2,391
Vehicle Expenses
1,638
2,693
4,332
Repairs\Maintenance
1,597
4,119
5,716
Telephone
942
634
1,576
Other Misc
758
787
1,545
55,595
93,857
149,453
TOTAL COSTS 110,325 172,007 282,332
FUNDS PROVIDED:
Federal Grant
43,458
83,006
126,464
NSIP
9,917
26,456
36,373
Senior Donations
25,361
26,391
51,752
City Funding
15,000
15,000
30,000
Other Funding
10,562
10,562
In -Kind
4,776
9,074
13,850
98,512
170,489
269,001
Excess(Shortfall) (11,813) (1,518) (13,331)
U :1Finance\BudgetslBudget081Seal Beach 2007 -2008
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