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Home My Public Portal About1987-07-01 Agreement- Orange County Consolidated Transportation Authority AGREEMENT THIS AGREEMENT, is entered into, in duplicate, effective July 1,1987, by and between the City of Fullerton, hereinafter referred to as "PURCHASER," and the ORANGE COUNTY CTSA, a California nonprofit public benefit corporation, hereinafter referred to as OCCTSA. WHEREAS, OCCTSA is experienced in the transportation of seniors, and persons with disabilities, and WHEREAS, pursuant to 49 USC 51612 and California Government Code 14033, CTSA, under contract with the California Department of Transportation, is a provider of mass transportation services to meet the special needs of elderly and handicapped persons; and WHEREAS OCCTSA has entered into an Agreement with the County of Orange which requires OCCTSA to provide transportation services for the elderly pursuant to the Older Americans Act of 1965, as amended; and WHEREAS, OCCTSA, pursuant to Section 15975 of the California Government Code has been designated ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICE AGENCY (OCCTSA) by the Orange County Transportation Commission and has been allocated Article 4.5 of the Transportation Development Act of 1972 funds; and WHEREAS, PURCHASER IS desirous of purchasing "Social Services" transportation service from OCCTSA as a consolidated transportation agency (OCCTSA) which pursuant to the OCCTSA mission statement, seeks to provide for the transportation needs of clients of social service agencies in an effective cost efficient manner. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1 4 1. OCCTSA assumes all responsibility for the operation, scheduling, maintenance, and cost thereof of any vehicles which are to be operated in the performance of this Agreement except to the extent this Agreement provides otherwise. 2. OCCTSA shall obtain and maintain all licenses, registrations, and accreditations from agencies governing its operation, which are necessary for OCCTSA to perform its obligations under this Agreement. 3. OCCTSA shall obtain at its sole cost and file with PURCHASER, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance or a certificate of such insurance, naming PURCHASER, its officers, agents, and employees, as insured or additional insured, which provides coverage not less than that provided in the form of a comprehensive general and auto liability insurance policy for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of OCCTSA, its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following amounts: Auto insurance of combined single limit bodily injury and property damage of Five Million Dollars ($5,000,000) per occurrence, general liability combined single limit, bodily injury and property damage of One Million Dollars ($1,000,000). Said policy or policies of insurance shall also contain a provision that thirty (30) day notice of termination, cancellation or reduction of coverage of insured or additional insured shall be given in writing to 2 PURCHASER. 4. Before OCCTSA shall employ any person or persons in the performance of this contract, OCCTSA shall procure a policy of Workers' Compensation Insurance as required by the provisions of Section 3700 of the California Labor Code; and OCCTSA shall furnish to PURCHASER a Certificate of Insurance showing that the aforesaid insurance is in full force and effect during the entire term of this Agreement. 5. OCCTSA shall employ only qualified drivers to operate any vehicles in performance of this Agreement. Prior to employment, OCCTSA shall review each of said drivers' Department of Motor Vehicles record. Each of said drivers shall possess and maintain any licenses or certificates required by law and necessary for their individual performances on behalf of OCCTSA under this Agreement. OCCTSA shall be solely responsible for the supervision of said drivers in the performance of their duties. 6. Notwithstanding any other provision of this Agreement, OCCTSA and PURCHASER agree to comply with all applicable federal, state and local laws and regulations. 7. OCCTSA agrees to establish, maintain and preserve records which include and substantiate costs of all labor and materials related to the performance of this Agreement, and documentation which substantiates OCCTSA performance of transportation services pursuant to this Agreement. OCCTSA shall keep such records for a period of three (3) years after expiration of this Agreement (unless Section 6 hereof requires a longer period). OCCTSA shall make all of the above records available, upon reasonable notice, to PURCHASER 3 during regular business hours. 8. NEITHER party shall assign or transfer any interest in this Agreement, without prior written consent of the other party, provided, however, that claims for money due or to become due from the other party on account of this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy without said written consent. 9. OCCTSA shall hold PURCHASER 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 OCCTSA, its officers, employees, agents or subcontractors in the performance of this Agreement. 10. PURCHASER shall hold OCCTSA 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 PURCHASER, its officers, employees, agents or subcontractors in the performance of this Agreement. 11. OCCTSA shall pick up, transport and deliver such passengers at and to such locations, and at such times as are described in EXHIBIT A - STATEMENT OF SERVICES - attached hereto and by this reference incorporated herein. 12. Cash payments from PURCHASER to OCCTSA constitute part of the performance of this Agreement, PURCHASER shall pay OCCTSA such amounts as follows: Eight Thousand Five Hundred and Twenty- three dollars ($8,523.00). Failure of PURCHASER to pay OCCTSA 4 amounts due under this contract within 60 days of such amounts becoming due shall entitle OCCTSA to, in addition to any other legal remedies available to OCCTSA, suspend or diminish its performance under this Agreement if it so elects. 13. Cash payment in the total amount of $8,523.00 are to be paid to OCCTSA by PURCHASER as part of the performance of this Agreement. 14. OCCTSA Executive Director is authorized to receive any and all notices pertaining to this Agreement. Any communications from PURCHASER to OCCTSA may be made by mailing the same, postage prepaid, to the Executive Director of OCCTSA, to the following Address: Orange County CTSA 1000 E. Santa Ana Blvd., Suite 300 Santa Ana, California 92701 15. Any communications from OCCTSA to PURCHASER may be made by mailing the same, postage prepaid, to the following address: City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92632 16. Either of the parties hereto may cancel this Agreement by giving sixty (60) days written notice of said cancellation to the other party hereto. In the event of termination or cancellation for any reason OCCTSA 5 shall return to PURCHASER all sums of money or other property allocable to the post termination/cancellation period. 17. The terms of this Agreement shall be one (1) year, or that portion of a year commencing July 1, 1987 and expiring at the end of business or 5:00 PM whichever occurs last on June 30, 1988. 18. This document fully expresses all understandings 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates as set forth below: ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICE AGENCY Executed on February 18 , 19 87, at Santa Ana , California By Typed Name: Eugene F. Kidder, Jr. Title: Chairman of the Board of Directors Executed on February 17 19 87, at Santa Ana , California By Typed Name: Thomas E. Dolan Title: Executive Director (PURCHASER) Executed on April 229 1987 , at Fullerton , California Typed Name Richard C. Ackerman Title Mayor Executed on April 22 ) 19 87 , at Fullerton , California By_ . Typed Name Ann,.. M. York Title City Clerk 7 s ' EXHIBIT A 1. Orange County Consolidated Transportation Service Agency (OCCTSA) shall schedule and operate a vehicle or vehicles Monday through Friday within the present hours of service provided to the identified site or sites in Item 4. Additional service within budgetary constraints may be available outside the regular service hours. 2. OCCTSA may, at its discretion, utilize the assigned vehicle or vehicles for any purpose it deems necessary at any time when senior passengers are not being transported. 3. OCCTSA shall assign any equipment it feels appropriate for the needs of the client type and reserve the right to reassign both equipment and driver as needs change. 4. Service shall be provided to the following site or sites located at: Fullerton Senior Center 340 West Commonwealth Avenue Fullerton, CA 90633 8