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HomeMy WebLinkAboutAGMT - Community SeniorServ (provides congregate meals) Pending signatureScope of Work — Community SeniorSery Nutrition Transportation Program City of Seal Beach Community SeniorSery Nutrition Transportation Program "Scope of Work" 1. The City of Seal Beach (hereinafter referred to as "CITY ") will utilize funding provided by Community SeniorSery and its local match to provide the following services: A. Type of Service - Non Duplicative Local Transportation service for seniors at least 60 years of age. This will be a "Subscribed Service" for seniors who will be picked up at their homes and transported to CITY'S Senior Center or other CITY facility to 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 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. Page 1 of 7 COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV NUTRITION TRANSPORTATION t � m And the CITY OF Seal Beach FY 2016/2017 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 1s' day of July, 2016, 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. follows: NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as Page 3 of 7 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. 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 $6,078 for the time period of July 1, 2016 through June 30, 2017 for the senior transportation program using funds obtained from the Older Americans Act as allocated by Orange County's Office on Aging (OoA), and Article 4.5 of the State of California Transportation Development Act. This amount is subject to change if funding provided through the OoA or other sources changes. B. Funding levels for subsequent years will be determined by the OoA. Once the new funding levels are determined by the OoA, AUTHORITY will notify CITY of their allocation. Additional One -Time Only ( "OTO ") funds may be available and allocated to the CITY at the discretion of AUTHORITY. OTO funds are to only be used to provide additional trips. 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. Page 4 of 7 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. Service trips will be valued at a rate of $13.89 per one way trip. CITY'S Match is $1,520 for July 1, 2016 through June 30, 2017. 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, monthly, 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. 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: Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $1,000,000 of coverage per occurrence and $3,000,000 aggregate. 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits; for bodily Injury and Property Damage; 3. Workers' Compensation with limits as required by the State of California; 4. Employers' Liability with limits of a minimum of $1,000,000. 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 Page 5 of 7 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, 2016 upon execution by both parties, and shall continue in full force and effect through June 30, 2017. This Agreement renews automatically and continuously for successive 12 month periods unless either party terminates as per Article 8. 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 in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO CITY City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ATTENTION: Grant Tavasci Recreation Specialist/Public Works (5621431 -2527 ext. 1345) TO AUTHORITY Community SemiorServ, Inc. 1200 Knollwood Circle Anaheim, CA. 92801 ATTENTION: Tatiana Caicedo Interim Senior Manager, Social Services (714/823 -3290) 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 Page 6 of 7 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. 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 attomey'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 By Cit anager APPRO E AS O FORM: By City Attorney Legal Counsel COM U I SPAIIORSERV By Chief Executive Officer APPROV" �RM: By Page 7 of 7 ACORN® CERTIFICATE OF LIABILITY INSURANCE 11%�" DATE (M THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER Marsh Risk B Insurance Services 17901 Von Kalman Avenue, Suite 1100 CONTACT NAME: fAIC PHONE N Ex ac No): . E -MAIL ADDRESS: (949) 399 -5800; License #0437153 Irvine, CA 92614 Attn: NewponBeedl.CerlRequest @marsh. INSURERS AFFORDING COVERAGE NAIC0 INSURER A : Philadelphia Indemnity Insurance Company 18058 093650CSS- GAWX -16-17 V�ED INSURED EACH OCCURRENCE INSURER B: Zenith Insurance Company 13269 Community lwo Circle or6ery d 1200 N. Hnlwaad ra 21 2017 INSURER C INSURER D: Anaheim, CA 92801 PREMISES Ea occurrence INSURER E: MED EXP (Arty me Person) CITY CLERK CITY OF SEAL BEACH INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001794403 -12 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WD POUCYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PHPK1516506 071012016 071012017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE M OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Arty me Person) $ 5,060 PERSONAL S ADV INJURY $ 1,OD0,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 X POLICY 1-1 jRo- LOC PRODUCTS - COMP /OP AGG $ 3,000,000 Sewell Misconduct $ 1,000,000 OTHER A AUTOMOBILE LIABILITY PHPK1516506 07101/2016 071012017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO DED: Comp $500- Collision $1,000 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acciden0 $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA DAe OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEO I I RETENTION $ $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE M OFFICERIMEMBER EXCLUDED? (Mandatory in NEH NIA 2070773207 0710112016 071012017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE EA EMPLOYEE $ 1,000,000 Ryas, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Description of operations. The City of Seal Beach is named additional insured with aspect to the operations of the named insured. Workers compensation coverage excluded, evidence only. 10 days notice of cancellation for non- paymemt of premium. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk 8lnsurance Services John Great ACORD 25 (2014/01) @ 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� " CERTIFICATE OF LIABILITY INSURANCE D06272016DnYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Risk & Insurance Services 17901 Von Kamlan Avenue, Suite 1100 CONTACT NAME: PH o Exit ac No). -Mna AoRESS: (949) 399 -5800; License #0437153 --------- -- - --' - -" Attne,CA92614 41��I'I� /]�E —'D Attn: NewponBeadl @marsh.ceMF:2 2 -94 l v INSURERS AFFORDING COVERAGE NAIL p IN URER A: Philadelphia Indemnity Insurance Company 18058 .CedRequest 093650- CSS -GAWX -16-17 INSURED Community SeniorSery APR 2 5 2017 IN URER B: Zenith Insurance Company 13269 CLAIMS -MADE OCCUR 1200 N. Knollwood Circle INJURER C IN RER D: Anaheim, CA 92801 - -'' ,I i "-1E Ii ; IN RER E: $ 100,000 MED EXP (Any qne person) $ 5,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 1-05- 001794403 -12 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE INSD WVQ POLICY NUMBER MM/DDIYYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PHPK1516506 07/012016 071012017 EACH OCCURRENCE $ 1,000,006 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any qne person) $ 5,000 PERSONAL& ADV INJURY $ 1.000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 GEN'L X POLICY ECT r LOC PRODUCTS - COMPIOP AGO $ 3,000,000 Sexual Misconduct $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY PHPK1516506 071012016 071012017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO DEC: Comp$500- Collision $1,000 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ 6 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETORIPARTNERIE %ECUTIVE OFFICERIMEMBER EXCLUDED] (Mandatory In NH) NIA 2070773207 07/012016 07/012017 g PER oTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe We, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may M attached if more space is required) Description of operations. The City of Seat Beach is named additional insured vdth respect to the operations of the named insured. Workers Compensation coverage excluded, evidence only. 10 days notice of cancellation for non- paymemt of premium. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services John Great @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Scope of Work — Community SeniorSery Nutrition Transportation Program City of Seal Beach Community SeniorSery Nutrition Transportation Program "Scope of Work" 1. The City of Seal Beach (hereinafter referred to as "CITY ") will utilize funding provided by Community SeniorSery and its local match to provide the following services: A. Type of Service - Non Duplicative Local Transportation service for seniors at least 60 years of age. This will be a "Subscribed Service' for seniors who will be picked up at their homes and transported to CITY'S Senior Center or other CITY facility to 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 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). (n 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. Page 1 of 7 COOPERATIVE AGREEMENT BETWEEN COMMUNITY SENIORSERV NUTRITION TRANSPORTATION PROGRAM And the CITY OF Seal Beach FY 2016/2017 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 15` day of July, 2016, 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. follows: NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as Page 3 of 7 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. 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 $6,078 for the time period of July 1, 2016 through June 30, 2017 for the senior transportation program using funds obtained from the Older Americans Act as allocated by Orange County's Office on Aging (OoA), and Article 4.5 of the State of California Transportation Development Act. This amount is subject to change if funding provided through the OoA or other sources changes. B. Funding levels for subsequent years will be determined by the OoA. Once the new funding levels are determined by the OoA, AUTHORITY will notify CITY of their allocation_ Additional One -Time Only ( "OTO ") funds may be available and allocated to the CITY at the discretion of AUTHORITY. OTO funds are to only be used to provide additional trips. 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. Page 4 of 7 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. Service trips will be valued at a rate of $13.89 per one way trip. CITY'S Match is $1,520 for July 1, 2016 through June 30, 2017. 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, monthly, 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. C. CITY agrees to maintain existing transportation to congregate meal program. CITY may contract with a third party service provider to provide senior transportation services provided in this contract. D. CITY shall procure and maintain primary insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self- insurance provisions with approval by AUTHORITY. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $1,000,000 of coverage per occurrence and $3,000,000 aggregate. 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits; for bodily Injury and Property Damage; 3. Workers' Compensation with limits as required by the State of California; 4. Employers' Liability with limits of a minimum of $1,000,000. 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 Page 5 of 7 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, 2016 upon execution by both parties, and shall continue in full force and effect through June 30, 2017. This Agreement renews automatically and continuously for successive 12 month periods unless either party terminates as per Article 8. 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 in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO CITY City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ATTENTION: Grant Tavasci Recreation Specialist/Public Works (562/431 -2527 ext. 1345) TO AUTHORITY Community SemiorServ, Inc. 1200 Knollwood Circle Anaheim, CA. 92801 ATTENTION: Tatiana Caicedo Interim Senior Manager, Social Services (714/823 -3290) 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, Cafifornia 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 Page 6 of 7 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. 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 By Ci anager APPRO E AS O FORM: By City Attorney Legal Counsel COMMUNITY SENIORSERV By Chief Executive Officer APPROV" �ORM: By Page 7 of 7 ACORO® CERTIFICATE OF LIABILITY INSURANCE `�. DATE(Mk11D0 YYYY) osmrzols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Risk & Insurance Services 17901 Von Kalman Avenue, Suite 1100 CONTACT NAME: PHONE ac Ni E -MAIL ADDRESS: (949) 399 -5800; License #0437153 Irvine, CA 92614 Attn: NewpodBeach.CertRequesf @marsh. �1��%� D WAS E INSURERS AFFORDING COVERAGE NAIL # INSURER A. Philadelphia Indemnity Insurance Company 18058 093650 -CSS- GAWX -16 -17 J V INSURED 1200 Community 1299 N. KnoWOOd Girds N. nol* dCir MAR 21 2017 INSURER B: Zenith Insurance Company 13269 INSURER C INSURER D: Anaheim, CA 92801 INSURER E: PREMISES Ea occunence $ 100,000 CITY CLERK MED EXP (Any me person) CITY OF SEAL BEACH INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001794403 -12 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDOM'YY POLICY E%P MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PHPK1516506 071012016 07/012017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE lxl OCCUR PREMISES Ea occunence $ 100,000 MED EXP (Any me person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 X POLICY JE° LOC PRODUCTS - COMP /OP AGG $ 3,000,000 I Sexual Misconduct $ 1,000,000 OTHER A AUTOMOBILE LIABILITY PHPK1516506 071012016 07/012017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO DEC: Comp $500- Collision $1,000 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par aWdent) $ PROPERTY DAMAGE Peraccidmt $ NON -OWNED HIREDAUTOS AUTOS UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I I RETENTION$ I $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE YN/❑N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 2070773207 0710112016 071012017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, descdbe moor DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if mom space is required) Description of operations. The Oty of Seal Beach is named additional insured with respect to the operations of the named insured. Workers compensation coverage excluded, evidence only. 10 days notice of cancellation for non - payment of premium. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services John Graef @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD A`COR�® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YYYY) 06/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Risk & Insurance Services 17901 Van Kaman Avenue, Suite 1100 CONTACT NAME: WC No. Ea NL Nol: ­E-MAIL A DRESS: (949) 399.5800: License #0437153 r /-�—�—p-- -r-` - - -- Irvine, CA 92614 @mamh.mnVF:2 2 -94 4J} Ill/ \VV/ Attn: NewportBeach -"Ndt� V FF lI V L� DD INSURERS AFFORDING COVERAGE NAIC 0 IN URER A : Philadelphia Indemnity Insurance Company 18058 .CerlRequesl R 093650- CSS- GAWX -16 -17 INSURED Community SeniorSery APR 2 5 2017 IN URER B : Zenith Insurance Company 13269 CLAIMS -MADE IT I OCCUR 1200 N. Knotwood Circle IN URER C IN RER D Anaheim, CA 92801 - PREMISES Ea occu ence $ 100,000 Clint:'_F.LO_� +'.I'1 IN RERE: $ 5,000 INSURER F: COVERAGES CERTIFICATE NUMBER: LOS- 001794403 -12 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISS LTR I TYPE OF INSURANCE ADDL INSD SUER MID POLICY NUMBER POLICY EFF flMMIDDrYYYY1 POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PHPK1516506 07101/2016 071012017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE IT I OCCUR PREMISES Ea occu ence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 GEN'L X POLICY JECOT r] LOC PRODUCTS - COMP /OPAGG $ 3,000,000 Sexual Misconduct $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY PHPK1546506 071012016 07/012017 COMBINED SINGLE LIMIT Ea accitlenr $ 1,000,000 BODILY INJURY (Per person( $ X ANY AUTO DED: Comp $500- Collision $1,000 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE flPer accident) $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE I $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I N ANVPROPRIETORIPARTN CIITIVE �N (Mandatory n In N R EXCLUDED? NH) /A Z070773207 07101/2016 071012017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 b Dyes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Description of operations. The City of Seal Beach is named additional insured with respect to the operations of the named insured. Workers compensation coverage excluded, evidence only. 10 days notice of Cancellation for non - paymemt of premium. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services John Graef @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD