16-0701_AGE WELL SENIOR SERVICES_F13_Agenda ReportTO :
FROM:
SUBMITTED BY:
DATE:
SUBJECT :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
Ben Siegel, City Manager Cf fvt'~
Dori Budde, Community Services Directo ~
June 21, 2016
6/21/2016
F13
Consideration of Extension of a Cooperative Agreement with the
Orange County Transportation Authority (OCTA) and Age Well
Senior Services, Inc., to Participate in the Senior Mobility Program
to Continue Receiving Measure M (M-2) Funds
RECOMMENDATION:
By motion,
1. Authorize the City Manager to execute a five-year extension of the Cooperative
Agreement with the Orange County Transportation Authority (OCTA) to
participate in the Senior Mobility Program (SMP) and receive Measure M (M-2)
funds.
2. Authorize the City Manager to execute a five-year extension of the Agreement
with Age Well Senior Service, Inc., to continue providing transportation services
for the senior nutrition program, social service appointments, leisure classes,
presentations and special events at the Community Center along with grocery
shopping and medical appointments within the boundaries of San Juan
Capistrano.
EXECUTIVE SUMMARY:
In 2013, the City Council approved a Cooperative Agreement with OCTA to receive
funding for the Senior Mobility Program (SMP). The SMP provides operating funds to
Orange County cities for local senior transportation services. The City contracts with
Age Well Senior Services, Inc., to provide these services, and staff is recommending a
five-year extension of both agreements.
Funding for the SMP comes from the Measure M (M-2) Orange County one-half (}'2)
cent transportation sales tax measure. OCTA estimates that the City of San Juan
Capistrano will receive $43,960 for FY 2016/17 and $46,564 for FY 2017/18. The OCTA
City Council Agenda Report
June 21, 2016
Page 2 of 2
requires that participating agencies provide matching funds of twenty percent (20%) of
the total operating costs of the SMP. The City's 20% match is currently funded by the
City's Air Quality Management District (AQMD) Fund.
DISCUSSION/ANALYSIS:
The current OCTA SMP Agreement will expire on June 30, 2016, but can be extended
for an additional five (5) years. The SMP provides services for senior transportation to
the Community Center at no cost to residents. The City contracts with Age Well Senior
Services, Inc. to provide the transportation service. Staff is recommending that the City
Council authorize the City Manager to execute five-year extensions for both the OCTA
SMP Agreement and the Age Well Senior Services, Inc., Agreement. This will continue
transportation services for residents to the Community Center, and expand the scope of
services to include grocery shopping and non-emergency medical appointments, as
approved by the City Council on May 17, 2016.
FISCAL IMPACT: ·
Cost and OCTA Grant revenue related to this program are included in the proposed
budget for FY 2016/17 and FY 2017/18. OCTA estimates that the City will receive
$43,960 for FY 2016/17 and $46,564 for FY 2017/18. The grant requires that
participating agencies provide matching funds of twenty percent (20%) of the total
operating costs, and the City's 20% match is currently funded by the City's Air Quality
Management District (AQMD) Fund.
ENVIRONMENTAL REVIEW :
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061 (b)(3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Extension of a Cooperative Agreement with the Orange County
Transportation Authority (OCTA) and Age Well Senior Services to participate in the
Senior Mobility Transportation Program to continue receiving Measure M (M-2) Funds
would not be an activity with potential to cause significant effect on the environment and
therefore exempt from CEQA. A Notice of Exemption (NOE) will be posted should the
project receive final approval.
PRIOR CITY COUNCIL REVIEW:
• On August 20, 2013, the City Council approved the agreement with the
Orange County Transportation Authority and Age Well Senior Services, Inc.
• On May 17, 2016, City Council approved an expanded scope of service to allow
Age Well Senior Services, Inc., to transport seniors to the Community Center,
grocery shopping and medical appointments in San Juan Capistrano.
City Council Agenda Report
June 21, 2016
Page 3 of 2
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
• On April 15, 2013, the Parks, Recreation, and Senior Services Commission
recommended the approval of the agreement with the Orange County
Transportation Authority and Age Well Senior Services, Inc.
• On May 16, 2016, the Parks, Recreation, Senior and Youth Services
Commission recommended the approval of the expanded scope of service with
the Orange County Transportation Authority.
NOTIFICATION :
OCT A -Joanne Jacobsen
Age Well Senior Services
ATTACHMENT(S):
Attachment 1 -Current OCTA Cooperative Agreement
Attachment 2 -Current Age Well Senior Services, Inc. Agreement
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COOPERATIVE AGREEMENT NO. C-3-1866
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN JUAN CAPISTRANO
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this "?;>lt-D day of 5MD t~ ( , 2013
v
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 San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675 (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes
individually referred to as the "PARTY" and collectively as the "PARTIES."
RECITALS '
WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of San
Juan Capistrano; and
WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
concerning senior transportation services; and
WHEREAS, this Cooperative Agreement (hereinafter referred to as "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;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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ATTACHMENT 1
AGREEMENT NO. C-3-1866
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including aU 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
8 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. All active participants will receive their portion of funding on a bi-monthly
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basis.
B. AUTHORITY agrees that Net Revenues allocated shall be expended or encumbered
26 within three years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions
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AGREEMENT NO. C-3-1866
shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.
C. In the event the time limits for use of Net Revenues are not satisfied, then any retained
Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be
returned to 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.
D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle
donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five
Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
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 transportation services that do not
duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work."
B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for
this program.
C. CITY agrees that Net Revenues allocated shall be expended or encumbered within
three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions
shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.
D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
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:
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AGREEMENT NO. C-3-1866
1 1. Contractor is selected using a competitive procurement process; and
2 2. Wheelchair accessible vehicles are available and used when requested.
3 G. CITY shall procure and maintain insurance coverage during the entire term of this
4 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall
5 provide the following insurance coverage:
6 1. Commercial General Liability, to include Products/Completed Operations,
7 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of
8 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
9 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a
10 combined single limit of $1,000,000.00 each accident;
11 3. Workers' Compensation with limits as required by the State of California including a
12 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or
13 agents;
14 4. Employers' Liability with minimum limits of $1,000,000.00; and
15 H. Proof of such coverage, in the form of an insurance company issued policy
16 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to
17 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten
18 (1 0) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,
19 employees and agents designated as additional insured on the general and automobile liability. Such
20 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by
21 AUTHORITY.
22 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
23 Number C-3-1866; and, the Senior Contract Administrator's Name, Sue Ding.
24 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior
25 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as
26 specified in Exhibit B "Senior Mobility Program Monthly Reporting Form," included in this Agreement,
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AGREEMENT NO. C-3-1866
1 which is incorporated into and made part of this Agreement.
2 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and
3 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements.
4 The Expenditure Report shall be submitted by the end of six (6) months following the end of the
5 jurisdiction's fiscal year and include the following:
6 1. All Net Revenue fund balances and interest earned.
7 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and
8 program or project.
9 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program
10 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days
11 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY
12 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30)
13 calendar days from taking possession of the vehicle.
14 ARTICLE 4. TERM OF AGREEMENT
15 This Agreement shall commence on July 1, 2013 and shall continue in full force and effect
16 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement.
17 AUTHORITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021.
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AGREEMENT NO. C-3-1 866
1 ARTICLE 5. NOTICES
2 All Notices pertaining to this Agreement and any communications from the PART! ES may be
3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered
4 or certified mail, return receipt requested, postage prepaid and addressed as follows:
5 To CITY: To AUTHORITY:
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The City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ATTENTION: Karen P. Brust
City Manager
Tel: (949) 425-2552
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
ATTENTION: Sue Ding
Sr. Contract Administrator
Tel: (714) 560-5631
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
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AGREEMENTNO. C~~8M
by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also
extend to all first-tier subcontractors. CITY shall permit ~ny of the foregoing parties to reproduce
documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
ARTICLE 9. TERMINATION
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 thirty (30) days in
advance of the specified date of termination.
ARTICLE 10. 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 in
connection with or arising oufof the performance of this Cooperative Agreement :
B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full
indemnification of AUTHORITY.
c. As a funding source, the AUTHORITY shall not be liable fo~ any claims or losses
18 arising from CITY as a result of using the fund.
19 ARTICLE 11. ALCOHOL AND DRUG POLICY
20 A. CITY agrees to establish and implement an alcohol and drug program that complies with
21 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this
22 Agreement as Exhibit C. CITY agrees to produce any documentation necessary to establish its
23 compliance with sections 701-707.
24 B. Failure to comply with this Article may result in nonpayment or termination of this
25 · Agreement.
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AGREEMENT NO. C-3-1866
1 ARTICLE 12. FORCE MAJEURE·
2 Either PARTY shall be excused from performing its obligations under this Agreement during
3 the time and extent that it is prevented from performing by a cause beyond its control, including, but
4 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants
5 or facilities by the federal state or local government; national fuel shortage; or a material act of
6 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other
7 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is
8 not due to the fault or negligence of the PARTY not performing.
9 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on
10 July 1, 2013.
11 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No.
12 C-3-1866 to be executed on the date first above written.
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THE CITY OF SAN JUAN CAPISTRANO
By~~~~~~=========-Hans VanL.:
City Attorney
ORANGE COUNTY TRANSPORTATION AUTHORITY
sy&JduiL~
Carolina Coppola
Manager, Contracts and Procurement
APPROVED AS TO FORM:
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EXHIBIT A
SCOPE OF WORK
City of San Juan Capistrano
Senior Mobility Program
AGREEMENT NO. C-3-1866
1. The City of San Juan Capistrano (CITY) shall utilize funding provided by the Orange County
Transportation Authority (OCTA) and its local match to provide the following:
• Type of Service: No Cost Transportation for San Juan Capistrano residents who are 55
years of age or older.
• Days/Hours of Service: Monday through Friday 8:30 a.m. to 4:30 p.m. with the exception of
holidays and Community Center closures.
• Provide Transportation to and from the San Juan Capistrano Community Center located at
25925 Camino Del Avion for programs, classes, special events and senior services.
2. CITY shall follow competitive procurement practices in the selection of vendors for all services
which it does not provide using its own workforce. Any Request for Proposals (RFP) for
service shall specify the use of vehicles meeting ADA accessibility standards.
3. CITY may wish to obtain a donated retirement-eligible OCTA ACCESS vehicle for the
provision of Senior Mobility Program (SMP) services. CITY understands it may purchase
additi<;mal vehicl.es at a 99st of $5,000 per vehicle.
4. CITY shall perform, or ensure that a contracted vendor performs maintenance of all vehicles
used in the SMP, including, at a minimum:
• Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the
attached Pre-Operation Inspection & Defect Report (Attachment 1).
• Scheduled preventative maintenance that meets or exceeds the guidelines provided in
the Senior Mobility PM checklist. This includes the maintenance of all accessibility
features of the vehicles and the PM Transmission Check List (Attachment 2).
5. CITY shall maintain maintenance records for each OCT A-provided vehicle for five (5) years
and shall cooperate fully in annual motor coach carrier terminal inspections conducted by the
California Highway Patrol.
6. CITY shall ensure that its operators, or its contracted vendor's operators, are properly licensed
and trained to proficiency 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.
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AGREEMENT NO. C-3-1866
7. CITY shall submit a monthly report to OCT A's Community Transportation Services which
includes, at a minimum, a monthly summary of service and expenditures, as illustrated in
Exhibit B.
8. CITY shall participate in OCTA marketing and outreach efforts to encourage use of fixed-route
transit service by older adults.
9. CITY shall note OCTA sponsorship in any p·romotional material for service funded under this
agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this
program (excluding taxis).
10. CITY shall ensure that it maintains adequate oversight and control over all aspects of service
that are provided by a contracted vendor.
11. CITY shall participate in the annual National Transit Data Base (NTD) reporting process, if
required.
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Attachment 1
Pre-Operation Inspection & Defect Report
Bus/Van No.-----Date:------
F~del31 Rligu/alions ~IIIIo thet no motor vehiclo conyin9 pas:scngors for hiro
shal be driven unless tho driver hB:s detorrrlnBd that tho foKowlng par.s and
:~ccossotie:s aro In good wori<Jng ordor. Each dtivu Is f61jUired to subm.~ a
sl{)lled written report ds1y tor PilCh cosch drivun.
~tDrlvM: ____________________________________ _
Miles Finish:___ Miles Start:----Miles Elapsed: ___ __
No Defects: Cl Detects: 0 Signature:----------
2nd Driver. ____________________________ __
Miles Finish: -----Milez Start: .;..... __ _ Miles Elapsed:---
No Defects: 0 Oef~: 0 Signature: ----------------
3rd Driver.-----------------------------
Miles Finish:_____ MHes Start:------
No Delects: 0 Defects: 0 Signature:
Miles Elapsed:----
PREOPERATIONS INSPECTIONS
/ndicala v.f.h on (X) that each item has b~en checked:
A"-VPM AM/PM
_j_ Tiresllug Nuts (wheels 8 rims) _I_ Emergency Reflectors
_I_ Motor-Guard _/_ Tum SigNll Switch/Hom
_t_ Air System _}_ First Aid 1<i1
_I_ Llghls/Rellectors _/_ Radio
_f_ Wheolchalr Lir\s _j_ Drivt>r's SeaVBeH
_I_ Wheelchair Lin Cover _/_ Door Interlock
_j_ Mirrors _1_ W/C Tie Down Simps
_1_ Wlndshield Wipers/Washers _}_ Manual Uti Bar
_I_ Fire Extinguisher _j_ Conduct Walk Around
_J_ Steering Mechanism _/_ Piu1dng/Bfilkes/Ser.ice
Brakes
DEFECTS: lnr!icalc with 11n (x) deft~cove items only.-(Explain In Detail)
@ilAJ<ES
_ Br~~ke Fluid Leaks
SotVHard
=Pull toUR
_Dragging
_Smo!Qng
_ Emergency Brake
-Olhef -cxplitn
71RESIWfEELS
RfiABpER EH('>IHE
_ Light On: _ Hot Engine/Water Leaks
l3rekes Not Applied _ Low OiVOll Leaks
_ Light On: _ Statts Hurd
Brakas Applod, _ No Pa.wrfEng. Ck. Light
Bus Stopped _ Smokes
_ Ught No\ On: _ Idles Rough/Vibration
Brakes App5ed, _ Exhaust , Vacuum Leaks
Bus Movi11g _ FuellealcsiLPG/Gos
~~ #C ~ HEA71NG _othe!'-expla."'l = Ernbedd~ Object _Off TRANSMISSION
CU: Too Cold/Hot Won, Go Into Gear
Smooth/Cord Defroster Defect = Slip~~rinds,llurc;hes :::li RF fiiii iisio LRI t.Ro ·: Venuiatkin (aiO-mrs) Excessive Noise
_ Loose Missing Lugs Fumes LeakS
O'otu-~in _ ~-~ _ Drive Lim~ Vibration
~ ENT'RAJ(Ct!@!liDOORSI _Rear End Noiroe
_ Interior WINDOWS STSERIHG
Exterior _ Slow _ Hard/Binds
::: Location: _ Inoperative _ Shimmy
VEHJCLE CJ..EANLIHESS
_Interior
_Exterior
_Floor
WindD'NS
::: Seal Condition
:xplain: -------
Leaks Air _ ExccS!Iive Play
_ Excessive Play _ D:he:'-~
-Olher-exp!a.'"a
_ Emergency Releases
WHEB.CHA!R !.If!
_Will Not Fold Out
_Will Net Lower/Raise
_ No RestreVt Oo.vn/Up
_ UR WUI Not Fold Into
Bus
aECTB!CIJ. EOUIPI&ENT
_ Geneliltor/Sil!rter
_ Tum Signals/Fizshers
Ho:n
Fare Box
_ lnslruml!nts/Gauges
_Fuel , 011, Amp Meier
Sents Handrails _ Modesty Panels
t!UI)Y DAMAGI:.:
Circle and describe any damage to a bus on diagram
of front/rear and two side views
~ _Des-cri-ptio-n: __ _
~ DO~ o_es-crip-tion_: --
nAn ~
'w ar
Description :
Description:
OPERATOR(S):
IMPORTANT ! Help expedite repairs bY provi ding necessary
information regard ing defe cts! Pl ease print.
REPAIRS MADE:
ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED:
Supervisor's Signature Date
Attachment 2 Inspection
s en1or M bTt PM Ch 0 II V . . ec k L" t IS
I Date J Bus# I TERMINAL I workorder# Current Mileage
Last Inspection miles
A . Employee musl check off all boxes/ Note all discrepancies on reverse side Miles between
B. Check files and open workorders
c Interior -o E Underhood _:o
1 Entry door operallon and seals 1 Check for visible leakage
2 Temperature and oil warning devices 2 Engine oil level
3 Neutral safely system 3 Transmission fluid level and condition
4 Horn, gauges and dash llghls 4 Brake fluid
6 Heater, defroster and fan 6 Power steering Ould
6 Windshield wipers and washer 6 Check all belts
7 Indicator lights 7 Component and accessory mounting
B Throttle operation a Check all hoses and routing
9 Steering free play ln. 9 Coolant level ami protection err __ph
10 Applied and unapplied brake lest for vacum loss 10 Pressure lest cooling system
11 l11terlor lights 11 Water pump and fan clutch play
12 Windshield and window glass condition 12 Air filter condition -check restriction gauge
13 Window mechanism and seals 13 Check exhaust system
14 Seat condition 14 Battery nuid level and mounting
15 Interior body, floor and stantions 15 Clean battery and connections
16 Fire extinguisher dale and bracket 16 Drain fuel/water separator
17 Road warning devices
18 First aid kits
19 Emergency exlls operation, warning devices and signs F Under Bus 0
20 Interior clean 1 Kingpin and wheel bearing play
,21 Back up alarm 2 Tire wear, con dillon and matching
3 Leakage at backing plates nnd wheel seals
4 Steering box, mounting, leakage, looseness and leaks
5 Front shocks and mounting
6 Front springs, bushings
7 Engine leaks, lines, fillers, hoses and engine mounts
8 Starter and connections
9 Exhaust system and mounting
D Exterior 0 10 Transmission mounted parking brake
1 All exterior lights and signals 11 Transmission leaks
2 Mirror condition and mounting 12 Output shaft play
3 Record body damage 13 Drlveshaft guard, U joints and retarder
4 Bumper bolls 14 Body hold downs and Insulators
5 Paint lettering and appearance 15 Wiring along frame
6 Emergency exits 16 Differential leaks, fluid level
7 Axle Range and Jug nuts, all hubs 17 Pinion play
B Tire side wall condition, cracked wheels, valve stem 16 Breather vent
Valve stem cap, alignment of rear duels 19 Rear shocks and mounllng
9 Tread depth zo Rear springs, bushings and U bolls
LF RF LRO 21 Leakage at backing plates and wheel seals
LRI RRO RRI 22 Fuel tank straps and lines
10 Tire Inflation: Record and Inflate 23 Tall pipe hangers
LF RF LRO 24 Lube entire chassis
LRI RRO RRI 25 Check drag link, tie rods and Idler arms
)
Attachment 2 Inspection
Senior Mobility P.M. Check List
[
G Brakes
1 VIsible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
4 Hydraulic lines
Remove wheels and check the following Items
6 Pads and rotors
6 Check pins end caliber's
I. Roadtest
J. Note repairs needed
Signature of Inspecting Mechanic
6,000 miles-inspectionfoil change
30,000 Transmission service
60,000 Differential service
.Y. ~ H Llfllnsoeclion -0
1 Check lift for proper operations
2 Inspect for stress, cracks, mounting and alignment
3 Check pins
4 Check the com!Jiete hydraulic system
5 Check micro switches and eleclrlcal wiring
6 Check all system covers and warning slgns
7 Check safely barrier
8 Lube complete lift
g Check wheelchair securements, proper amount and operation
10 Lift door warning device
11 Lift cover In place
Signature of Supervisor
h
I
)
Attachment 2
Date Bus#
Senior Mobility P.M. Check List
Terminal Current Mileage
Transmission
Service
I I I Workorder#
Last Trans Service
Miles Between
1 Visual
a. Check for oil leaks
b. Check all Transmission mechanical controls for wear, operation and adjustment
c. Check neutral safety switch
d. Check fluid level and condition
e. Check modular cable
f. Check cooler lines for leaks, cracks, restrictions
g . Check trans mounts
2 Service
a. Drain fluid
b. Drain converter if applicable
c. Change internal filter ( report metal found in pan )
d. Change external filter
e. Clean vent
f. Install boots on linkage
3 For electrical controlled trans missions check the followi ng
a. Check all wiring for chaffing and connections
b . Check operation of overdrive light
c . Scan system with pro link and record fault codes.
d . List codes prior to repairs.
4 Operatio n
a . Road test vehicle and cycle test
b. Check automatic up and down shift
c. Check manual up and down shifts
d . Check lockup
5 List repairs needed
Signature of mechanic Signature of supervisor
I?
.. f
)
m· Senior Mobility Program Monthly Reporting Form
Monthly Reporting E~Form
EXHIBIT.~
OCTA
Service for the l'JionthrYears of:
Program Name:
City or Organltation:
Contact Person:
Contact Number:
Trip Cali!IJOry
NulrilioJ> Trips:
Medleallrips:
Shopplnglrlps:
Olhor lrlps:
L : ... -...... El
II II
II II
II II
.. ·-!] ....
·-· ..... .l
Vehicle Service
Miles
(Piaasc speci(y lrlp type bnlowH)
·.·-:'····· .··'.·
Totals; II oil
OCTA Monthly Contrlbulion Amount!\
City Monthly Conlrlbu\lon Amounr:ll
Tolal Operation Cost for Month: II
Source of Clty Conlribullons:ll
''Pioos o &pacify othor trip typo o bolng providod lo sonlorsln lhlo &poco:
........
PI•••• provi~o tho roquoslod fnlormatiooond oubll'ltli>O oompl•lod 10111\lo OCTA.
AllanL'<In: Jasolco Dao~yno/Oanvnuo!IY Tran•p«UJon Coall1!nlllol, bj omol loj<joo~ynoGCI<II.nalot bY Fl:l.lo(YMJIW50.5927.
"''By lho 111h day or lho monlll lolloWin91hc reporUno monlh"'
Ploosn contactJos.;lca Daakyqo at (714)660-5B02lryou h•va ony quosUon5 or roqulre asslsl.anco with tho completion of this form.
Commants:
TR·DO.OOO,doc jDB/10108) PIIIDID/1
EXHIBIT C
~
~National Drug-FJree
Worl~lace 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 pe1formed 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 iiiforniirig all covered Emiployees 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 of2
Revised: 0310312010 •
J
EXHIBIT C
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 occ.urring in the workplace; the availability of
any drug counseling, rehabilitation, and/or employee assistance plans offered
through the employer.
By requi ring 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 do es n o t require employers to establish an
employee assistance program (EAP) or to implement drug testing as a parl
of the program ..
Source: Federal Registers April 11, 1988 & May 2~ 1990 & the Federal Acquisition Streamlining
Ad of 1994 (FASA).
Page2 of2
Revised: 0310312010
CITY OF SAN JUAN CAPISTRANO
AGREEMENT 'WITH AGE WELL SENIOR SERVICES, INC.
FOR SERVICES OVER $30,000
(Insurance Required)
THIS AGREEMENT, is made and effective as of July 1, 2013, between the City of San
Juan Capistrano, a municipal corporation ("City") and Age Well Senior Services, lnc.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein. the
parties agree as follows:
L TERM. This Agreement shall commence on July 1, 2013, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than June 30,
2016, unless sooner terminated pursuant to the provisions of this Agreement. Such terms maybe
extended for up to five (5) additional years upon Wlitten agreement of both parties to this
Agreement.
2. SERVICES. Contractor shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set fo11h in full. Contractor shall complete the
tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor
represents to the City that it has the qualifications necessary to perform the tasks described
herein. Contractor shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement. Contractor reserves the right to subcontract
transpmtation services as necessary.
4. PAYMENT.
a. The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payments as set forth in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time spent on
the above tasks, This amount shall not exceed fifty thousand nine hundred sixty-eight dollars
and seventy-five cents ($50,968.75) fi·om July 1, 2013 through June 30, 2014 and fifty thousand
nine hundred sixty-eight dollars and seventy-five cents ($50,968,75) annually through June 30,
2016 for a total of one hundred fifty-two thousand nine hundred six dollars and twenty-five cents
($152,906,25) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement. Any tem1s or conditions set forth on Exhibit A which do not
describe the work to be performed, the payment rates and terms, or the payment schedule have
not been agreed to by the City and shall not be deemed a part of this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with
its performance of this Agreement which are in addition to t11ose set forth herein , unless such
additional services are authorized in advance and in writing by the City Council or, if pursuant to
its authority, the City Manager, or his or her designee. Contractor shall be compensated for any
additional services in the amounts and in the manner as agreed to by City Manager or the City 's
ATTACHMENT 2
representative and Contractor at the time City's v.rritten authorization is given to Contractor for
the perfom1ance of said services.
c. Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services provided in the
previous month. Payment shall be made within thitiy (30) days of receipt of each invoice as to
all non-disputed fees. lf the City disputes any of Contractor's fees it shall give written notice Lo
Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
d. Notwithstanding the above provisions, Contractor shall not be paid for any work
performed until it has submitted to the City a fully completed and executed Internal Revenue
Service Form W-9.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (1 0)
days prior \Vritten notice of termination. City shall not be obligated to explain its reasons for
termination. Upon receipt of said notice, the Contractor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. Age Well Senior Services, may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, upon written notice by Age Well
Senior Services, to the City at least thirty (30) days prior to the written notice ofte1i:nination.
c. In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value ofthc work performed up to the time of termination, provided
that the work performed is of value to the City. Upon tem1ination of the Agreement pursuant to
this Section, the Contractor will submit an invoice to the City pursuant to Section 3.
6. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of thi.s Agreement shall
constitute default. In the event that Contractor is in default for cause under the tem1s of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and without
fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his or her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have (1 0) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be entitled at
law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS. Contractor shall maintain complete and accurate
records with respect to sales, costs, expenses, receipts, vehicle maintenance and repair records,
2
and other such infom1ation required by City that relate to the performance of services under this
Agreement. Contractor shall maintain adequate records of services provided in sufficient detail
to permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Contractor shall provide free access to the representatives of City or its designees at reasonable
times to such books and records, shall give City the right to examine and audit said books and
records, shall permit City to make transcripts there from as necessary, and shall allow inspection
of all work, data, documents, proceedings and activities related to this Agreement. Such records,
together with supporting documents, shall be maintained for a period of four ( 4) years after
receipt of tlnal payment.
8. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any and
all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which
the City, its officers, officials, employees, and volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to prope11y arising out of
Contractor's negligent or wrongful acts or omissions in performing or failing to perform under
the terms of this Agreement, excepting only liability arising out of the negligence of the City.
9. IN URANCE REQUIREMENTS.
a. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
b. Contractor agrees to provide insurance in accordance with the requirements set
fcnth in Exhibit B. If Contractor uses existing coverage to comply with these requirements and
that coverage does not meet the requirements set forth herein, Contractor agrees to amend,
supplement or endorse the existing coverage to do so.
10. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's ollicers, employees or agents, except as set forth in this Agreement. Contractor
shall not at any time or in any manner represent that it or any of its officers, employees or agents
are in any manner oHicers, employees or agents of the City. Contractor shall not incur or have
the power to incur any debt, obligation or liability whatever against City, or bind City in any
manner.
b. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
perfonning services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
11. LEGAL ~ PON IBILITIES. The Contractor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CONTRACTOR CITY OF SAN JUAN CAPISTRANO
By: Daniel C. Palumbo
Title: COO
Date
6
EXHIBIT A
TASKS TO BE J>ERFORMED AND PAYMENT
1. City entered into that certain cooperative agreement with Orange County
Transportation Authority ("OCT A") for the Senior Mobility Program to provide
certain senior transportation services.
2. City desires to use the services of Contractor to provide senior transportation services
to be funded by the agreement between the City and OCTA.
3. Taxi Program: Taxi services to and from the San Juan Capistrano Community Center
for the nutrition program and other programs, Monday through Friday. Taxi services
shall be provided through a subcontract between Contactor and California Yellow
Cab Company. Age Well Senior Services may also provide trips utilizing Age Well
Senior Services drivers and vehicles. Wheelchair accessible vehicles must be
available at all times.
4. Trip Rate. The trip rate for senior transportation services shall be $12 per one-way
trip for the period of July 1, 2013 through June 30, 2014. The trip rate will be $12.36
from July 1, 2014 through June 30,2015 and $12.73 from July 1, 2015 through June
30,2016.
5. Contractor agrees to perform the services for City in a manner satisfactory to City.
6. Survey: Transportation services and demand will be assessed regularly to ensure the
mobility needs of the residents are met and the program is operating efliciently.
Survey results will be used to evaluate whether the transportation program is adequate
or needs revision.
7
EXHIBIT B
INSURAN E REQUlRRMENTS
The following coverages will be provided by Contractor and maintained on behalf of the
City and in accordance with the requirements set fmth herein.
Commercial General Liability/Umbrella. Primary insurance shall be provided on ISO-
CGL form No. CG 00 01 11 85 or 88 or equivalent form, as determined by Risk Management
staff. Total limits shall be no Jess than $2,000,000.00 per occurrence for all coverages and
$2,000,000.00 general aggregate . City and its employees and agents shall be added a..'i
additional insureds using ISO additional insured endorsement form CG 20 l 0 11 85 , or
equivalent form, as determined by Risk Management staff (in no event will City accept an
endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-
contributing bas is in relation to any other insurance or self-insurance, primary or excess,
available to City or ru1y employee or agent of City. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured.
Umbrella Liability Insurance (if necessary to meet limits requirements) shall apply to
bodily injury/propetty damage, personal injmy/advcrtising injury , at a minimum, and shall
include a "drop down" provision providing primary coverage above a maximum $25 ,000.00 self-
insured retention for liability not covered by primary policies but covered by the umbrella policy.
Coverage shall be following form to any underlying coverage. Coverage shall be provided on a
"pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no
cross liability exclusion. Policies shall have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO
Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) .. Limits shall be
no less than $1,000,000.00 per accident. Starting and ending dates sha:ll be concurrent. If
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable.
Workers' Compensation/Employer's Liability shall be written on a policy form
providing workers' compensation statutory benefits as required by law. Employer's liability
limits shall be no less than one million dollars per accident or disease. Employer's liability
coverage shall be scheduled under any umbrella policy described above. Unless otherwise
agreed, this policy shall be endorsed to waive any right of subrogation as respect to the City, its
employees or agents.
Professional Liability Insurance. Coverage shall be written on a policy form that
provides professional liability insurance, errors and omissions or equivalent coverage appropriate
to the Contractor's occupation or service. The policy limit shall be no less than $2,000,000.00
per claim and in the aggregate.
Contractor and City further agree as follows:
1. This Exhibit supersedes all other sections and provisions of this Agreement to the extent
that any other section or provision conflicts with or impairs the provisions of this Exhibit.
2. Nothing contained in this Exhibit is to be construed as affecting or altering the legal status
of the parties to this Agreement. The insurance requirements set forth in this Exhibit are
8
intended to be separate and distinct from any other provision in this Agreement and shall be
interpreted as such.
3 . All insurance coverage and limits provided pursuant to this agreement shall apply to the
full extent of the policies involved, available or applicable. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the
application of such insmancc coverage.
4 . Requirements of specific coverage features or limits contained in this Exhibit are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage nonnally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Agreement.
6. All general or auto liability insurance coverage provided pursuant to this Agreement, or
any other agreements pertaining to the performance of this Agreement shall not prohibit
Contractor, and Contractor's employees, or agents, from waiving the right of subrogation
prior to a loss. Contractor hereby waives all rights of subrogation against City.
7. Unless otherwise approved by City, Contractor's insurance shall be written by insurers
authorized to do business in the State of California and with a minimum "Best's" Insurance
Guide rating of "A:VJJ+." Self-insurance will not be considered to comply with these
insurance specifications.
8. ln the event any policy of insurance required under this Agreement does not comply with
these requirements or is canceled and not replaced, City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Contractor.
9. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City,
consisting of certificate(s) of insurance evidencing all of the coverages required and an
additional insured endorsement to Contractor's general liability and umbrella liability
policies (if any) using ISO form CG 20 1 0 11 85 or equivalent form, as determined by
Risk Management staff Contractor shall also provide a waiver of subrogation endorsement
to Contractor's workers' compensation policy applicable to the City. Certificate(s) are to
reflect that the insurer will provide 30 days notice of any cancellation of coverage and all
policies must be endorsed accordingly. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation and to delete the word "endeavor" with
regard to any notice provisions. Contractor agrees to provide complete copies of policies to
City upon request.
10. Contractor shall. provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Such proof will be furnished at least two weeks prior to the
expiration of the coverages.
9
11. Contractor's insurance presented in compliance with these specitications shall not include
self-insured retentions or dcductibles unless declared to the City and approved by the City
Manager. The City may require evidence of ti.nancial security if deductibles or self-insured
are part of the Contractor's liability program.
I 2. Any actual or alleged failure on the part of City or any other additional insured under these
requirements to obtain proof of insurance required under this Agreement or to inform
Contractor of noncompliance with any insurance requirements in no way waives any right
or remedy of City or any additional insured, in this or any other regard.
13. Contractor agrees to require all subContractors or other parties hired for this project to
provide general liability insurance naming as additional insmeds all patties to this
Agreement. Contractor agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here. Contractor
agrees to require that no contract used by any subContractor or contracts Contractor enters
into on behalf of City, will reserve the right to charge back to City the cost of insurance
required by this agreement. Contractor agrees that upon request all agreements with
subContractors or others with whom Contractor contracts with on behalf of City, will be
submitted to City for review. Failure of City to request copies of such agreement will not
impose any liability on City, or its employees.
14. If Contractor is a Limited Liability Company, general liability coverage must be amended
so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and
other persons necessary or incidental to its operation are insureds.
15. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor that includes City as a defendant. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City .
16. It is agreed that insurance provided pursuant to these requirements will not be limited to
coverage for the vicarious liability or supervisory role of any additional insured. All
insurance coverage and limits provided are intended to apply to the full extent of the
policies. Nothing contained in this agreement limits the application of such insurance
coverage.
10