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Home My WebLink AboutORANGE, COUNTY OF (63)sr .. M .r • m?i'y(�r°' IM1EN'1' FOu.� A*f-ENDMEW TO RWE-NU c _ BINS AGPj'a!!y7 THIS AM rl)M= TO RF%Ei,UE SHARING AGF NT dated 19 % % for identification purposes only, is made and entered into by and between the County of Orange, hereinafter referred to as COUNTY, and the City of Santa Ana, hereinafter referred to as CITY. Wffl=6 , CC)U\,TY and CITY have entered into an agreement dated May 28, 1974, which has been previously amended on November 12, 1974, June 29, 1976, and March 22, 1977; and WrLREAS, the COMM has approved the Senior Transportation Plan for the City of Santa Ana; and WF-07-AS, the parties hereto desire to ar,--nd said agreement; NOW, THEREFORE, in consideration of the terms and conditions contained herein A. Paragraph X, as relates only to the transportation needs of seniors within the City of Santa Ana, is amended to read as follows: 1) The Transportation Program element o= this agreement is based upon the proposal and concept contained within CrN's FaW R'r"14 page, Revenue Sharing -- Social Progmm Application dated T14AIE ?_ , 1977, a copy of which is on file with COUNTY's Adm3nistretive Office - Revenue Sharing, and which by this reference is incor?orated herein and made a part hereof as if fully set forth. The parties hereto further apse that unless specifically contained within the body of this agreement, that CITY's Revenue Sharing - Social Program Application will be con-" trollin,g. CITY further agrees to comply with all provisions, to pariorm all work, and provide all services set forth in this agreement in a professional, t]mcly and diligent canner. 2) CITY agrees that those specific program co.Vonents to be po�rfonmad by CTiY and other agencies at CITY Program site, and the activity levels to b^ utilized by CUJ`TY for program evaluation and monitoring, include, but are not liruted to ' those listed in the PROGRAM CDMPONENTS & ACTIVITIES INFOR4ATION SCHEDULE contained within CITY's Revenue Sharing - Social Program Application, which by prior reference has been incorporated herein. CITY further agrees that CITY is responsible for and guarantees the perform- ance of ..all of the specific program components listed in the PROGRAM COMPONENTS 6 ACTIVITIES INFORMATION SCHEDULE, which by prior reference has been incorporated herein. 3) CITY agrees that it shall work with and coordinate their �Senior .IYans- portation Program with COUNTYIs 16 (b)(2) Task Force on coordinating the Special h-ansporrtation programs for the Elderl and Handica d . in Oran a .County (hereinafter called TASK FORCE). CTIY further agrees that it will comply with the findings and recommrendations of the TASK FORCE, and. that the extent and eanditiOns Of: the transpc;nation services offered by CITY under this Agreement between July 1, 1977 and June`30, 19781, may, at the option of .COUNTY, be podified to bring these services - in Line with -the 'Phase I and Phase II findings of the TASK FORCE. 4) 'The parties hereto agree that those program components and .activity levels, detailed in the application, Mar be modified so long as the amount of the total :grant is not -increased -and the basic goals and objectives of the progrom are not altered, but such ncdificat on must receive the PRIOR WRITTEN APPROVAL of COUNTY's Adminis- trative Office - Revenue.Sharing. ,) CITY agrees that any and dI funds expended under this agreement that relate to the Senior Transportation Program 5hall only be for the ,normal eperatzng costs inc��CITY th eration of the Senior Trans nation Fragr m• 6) Upon approval of COUNTY's Administrative Office - Revenue Sharing, CITY shall have the authority to transfe a enditures allocated for one element of the over- - _a nm=m budget to any.other element of the overall program budget so long as the amount of the total grant is not increased and the basic goals and objectives of the program are not -altered. Approval by COUNTY's Administrative Office - Revenue Sharirg for such transfer MUST BE OBTAINED IN WRITING BEFORE -CITY EXPENDS ANY FUNDS under the xvQuested transfer. 5 i 7) CITY agrees and understands that all items of proper listed in the BUDGET SCF�DULE which are to be �' and equzpm�nt Purchased under this agreement with Revenue Sharing funds, are to be considered Wl'TAL EKPENDITdREg and that written approval b r prior, the COUNTY s Adranistrative Office -Revenue Sharing must be Obtained bo-fore the expenditures will be allo;ed. CITY further agrees that in accordance with COUNTY's Revenue Sharing Accounting Manual,, CITY will tag all Of CAPTI'A,L, EQG`IPM4T ata� Purchased and inal.nta; n an inventory list showing where these iteans are utilized. . a) Any travel expenses arising under this agreement which' outside o Ora--,g4 County general area (Oran e th.. g , Los Angeles, San Diego, Riverside and San Berms r-ardino Counties) which are to be Paid for out of COiTNTy's Revenue Sh?s' r�:ast. be a log funds, pProved in advance and writing by Coww's Adninistrative Office -- Revenue Snaring, before the expenditure will be allowed. - 9) CITY agrees and understands that COpT-Y s Revenue Sharing funds unds cannot and shall not be used by C1T'Y to pay or reimbLL-se any staff person of CITY or a,-�y consultant to CITY, if such staff person or consultant is a member or officer the Baird of Directors - of or other official governing body of CITY. I0) Upon commencement of the Senior Tans Portation Program, COUIM sees to make Payuents for the monthly operatin g costs of the Senior Transportation Pmg� as fo1.1 ows , a' Beginning N,aY 15, 1973 upon receipt and approval by COUITNts Adminis- trative Office - Revenue Sharing of CITy's invoice shcwang the prior month's actual e A ---.:_ . nditures, CoLnUy shall make monthly reimbur,ement Paynyants based on CITY,S invoice so long as any single monthly reirr- bumement PaYm=n•t does not exceed $3,200 unless otherwise a PPrVved by COUIdT'Y?s Adrn_inistrative Office - Revenue Sharing.' 11) For payments to be made in a pmmPt and timely nannr, CITY agree,, to th follO ing: e 3 a. Submit. all required 're.2aZ:Ls (including Evaluation and Financial. Reports) .b the.10th of each Qth; and b. Submit all required reports on the forms provided by COUNTY's Adam- istrative Office - Revenue Sharing. 12) None of the work to be performed by CITY under this agreement shall be -suircontracted to any agency, consultant, or person without the Prior -written consent of COU111Y I s . Ali strative Office - Revenue Sh_ a g, or COUNTY Board of Supervisors. CITY shall be fully,:responsible for the acts :..and ommissions of his subcontractors and of persons either directly employed by him or of volunteers under the direction, con- trol or supervision of CITY. CITY further,agrees that CITY shall not transfer or assign any interest in this agreement -without the prior approval. of COU:\TY's Board of Supervisors. 1.3) CITY .agrees and understands that CITY must secure a ,location for the 'program- operation which complies with all zoning regulations or a valid use permit'is granted CITY to -operate at the chosen location. CITY must also secure any and all licenses, permits, -and authorizations necessary under the statutes, -ordinances, rules, . and -regulations of .the State of California and any local governments to operate said program at this selected program location. Should CITY fail to provide C(XJNTY with -- the required proof within sixty (60) days after the :effective date of this arrenclnant, then sufficient grounds exist for COUNTY to discontinue program support. 14) CITY -does hereby certify that it is a Municipal Corporation which is lawfully incorporated within the State of California and that by its articles of incorporation, corporate charter, or the Statutes of California, is emau;ered and authorized to conduct and provide those services provided under this agreement. CITY further agrees that if is is shown that the corporate status of CITY is not valid at the time of the effective date of this agreement or if MY .loses its lawful corporate status for any reason during the time of this agreement, then sufficient grounds exist for COUNTY to discontinue program support, 4 15) The parties hereto agr,.e and understand that neither CITY nor any of its employees shall, under the* term and conditions of this contract, be considered an employee of COUNTY for any purpose whatsoever, nor shall CITY or its employees be entitled to any of the rights, privileges, or benefits of COUNTY employees. CITY shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms and conditions of this contract. CITY assumes exclusively the responsibility for the acts of its employees and subcontractors as they relate to the services to be provided during the course and scope of their employment with CITY. 16) Unless otherwise agreed in writing by COUNTY's Administrative Office - Revenue Sharing or Board of Supervisors, CITY shall maintain a separate bank account and separate accounting records for all funds received from COU_WY under this agree - went. CITY further agrees that all records must be maintained in accordance with COU 47YI s Revenue Sharing _Accounting& Manual, which is on file in the COUNTY Adminis- trative Office - Revenue Sharing, and which by this, and prior reference, is incorpor- ated herein and made a part hereof as if fully set forth. Failure to abide by the conditions and articles of the Accounting Manual will be sufficient grotmds for COU;d'TY to discontinue program support. All accounting records and other, evidence ptKjaaning to costs incurred shall be kept available at CITY's office, or place of business for the duration of this agreement and thereafter for a period not less than five (5) years, ca`mnencing upon the termination of this agreement. CITY shall make all records available to COUNTY during regular business hours for the purposes of auditing and _furnish reasonable clerical assistance to COUVTY's Auditors as required. COUNTY reserves the right to modify the Revenue Sharing Accounting Manual up -on five (5) days. written notice to CITY. CITY further agrees that upon termination of this agreement, CITY shall submit to COUNTY's Administrative Office - Revenue Sharing, a final financial statement detailing all program expenditures and all incoma received during the effective period of this Agrnement. 5 ter,. r-'s°;�.�.a-E`�-r,.f?'F.i«'_�"iT+k'xaT.w.Y.a.:.��syry�.-�]?F�:.:s'R-��Frztc�trnna.[,one-.K!es?Y?�+�r�nw!c.•.;.pmcR�.s��..-n-Rnsn:=...-r.�-.xr�a,..wun.= ..�ar,�z.-..c�...:+-r, 7 .,CITY agrees to obtain and keep in force dt&ing the term of this ap�,eement -a policy of COMPRESSIVE PUBLIC _ LJAb1LITX INSUMICE ins= ng both COU: Tf AND CITY against any liability for accident, injury. or death arising out of or in consequence of this a,g*Yeement. 'Such insurance shall be in an amount not less than $1 000 000.00 ..#or qn in' to or death .of anY arson -or rsons ,in ,an .sin le accident --or occurrence. Unless otherwise provided for in the Budget Schedule, CITY shall absorb all,costs -:and -premium ,payments of said COMPRE�OZIVE PUBLIC L ABILITY INSURANCE. Said policy of MvUIR=SIVE PUBLIC LIABILITY MURANCE shall guarantee to COUI'M at.least ten (10) days written notice prior to cancellation, name COU;TY, its.Board of. Supervisors ."officers, and loyees as.additional insured, and state that such coverage is primary to any other coverage of COUPvTY, its Board of Super- visors, officers,.:and eWloyees. 18) :CITY shall at CITY's expense, unless. otherwise provided for in the Budget Schedule, obtain and keep -in force during the term of this agreement a policy or, policies of insurance covering loss or damage to the premises and to any and all equi=erit purchased under this agreement in the amount .of the full replacement value thereof, providing protection against the classifications of fire, exy-anded coverage, vandalism,,, malicious mischief, and special extended perils (all risk) covering --the parties' interests as they ,appear. 19) env insurance required under this agreement shall be in a_form approved COUNTY's Administrative Office - Revenue Sharing, and certificates of said insura.-ice _ policies r rest be submitted .to COUITI'Y's Administrative Office - Revenue Sharing witlan zixty_(60) days after the effective date of this agreement. Should CITY fail to pro- vide any required certificate of insurance, then sufficient grounds exist for CO'J;M to discontinue program support. 20) CITY shall indemnify, hold harmless and defend COUP"t, its officers, agents =and employees from any and all claims, demands, loss, liability, injury, death, suits or judgements arising out of or alleged to arise out of or in consequence of this 10 l 15) The parties hereto agree and understand that neither CITY nor any of its amployees shall, under the terms and conditions of this --ontract, be considered an employee of COUti]TX for any purpose whatsoever, nor shall CITY or its employees be entitled to any of the rights, privileges, cr benefits of CO[i eax?pI yees. CITY shall be deemed at all tames an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms and conditions of this contract. CITY assumes exclusively the responsibility for the acts of its employees and subcontractors as they relate to the services to be provided during the course and scope of their employment with CITY. 16) Unless otherwise agreed in writing by COUNTY's Ad=jstrative Office Revenue Sharing or Board of Supervisors, CITY shall maintain a separate bait; ac!coant _ and searate accounting records for all ' funds received from C0T. N71' under this agree - :ent. CITY further agrees that all retards must be maintained in accardane_with CO�Jiv'TY's Revenue SharingAccounting Manual, which is on file in the CO'�T.`'TY Ad;ni his- _____________ trative Office -- Revenue Sharing, and which by t'ds, and prior reference, is into- or- ated herein and made a part hereof as if fully set forth. Failum to abide by the conditions and articles of the Accounting Manual will be sufficient grounds for COiI:r'TY to discontinue program support. All accounting records and other Side`ice .staining to costs incurred shall be kept available at CITY's office, or place of business fa the duration of this agreement and thereafter for a period not less than five (5) years, caTMncing upon the termination of this agreement. CITY shall nuke all records available to COUNTY during regular business hours for the purposes of auditing and sh furnish reasonable clerical assistance to COON 's Auditars as squared. COUTN reserves the right to modify the Revenue Sharing Accounting manual upon five (5) days written notice to CITY. CITY further agrees that upon termination of this agreement, CITY shalL submit to COUNCY's Administrative Office - Revenue Sharing, a final financial statement detailing all program expenditures and all incomo received during the effective period of this Ag cement • 5 f . a�_Yeeeent. Transmittal to CITY by COUNTY of any pleadings served shall be deemed to be a request to defend. , 21) CITY shall also obtain and keep in force during the terra of this agree - rant a BLA= FIDELITY BOND in an amount not less than that required by CC7_P=1s Revenue Sharing Accounting Manual, which covers all officers, agents, and employees of CITY handling or having.access to any or all funds received by CITY under this agreement and that said bond shall provide that COUNTY is .named as an additional obligee thereunder. A certificate of said bond must be submatted BY CITY to COLD7fIs A�inistrative Office - Revenue Sharing for review and approval. CITY understands that COU'`:TY will rake no Davments until the required certificate has been submitted to COLDE Y t s Administrative Office - Revenue Sharing and that should CITY fail to suh-zit the required certificate then sufficient grounds exist for COUNTY to discontinue pro- gra-M, support . 22) CITY agrees that in the event that CITY ceases to provide those services - provided for under this agreement, that any and all items purchased under this agree- ment which are considered CAPITAL EQUIPMENT, shall be returned to COLTM, or CITY shall be required to repay to COUNTY the equivalent value of these items at the time of such cessation. CITY fuxther agress that title to .any items purchased under this agna-event which are considered CAPITAL EQUIPMENT, will remain in the COUNTY and that the COVyi'Y is allowing CITY to utilize said. items only so long as CITY mgintains the program as detailed in this agreement. 23) CITY agrees that the level of operation and maintenance to be. provided for under this agreement must be adequate to insure the maxirium utilization of the facility and services by the public and that the use of the.facility and services shall be granted to all residents of the COLNj-.Y on the same conditions that the residents of the target area use the facility and s vices . 24) Without prejudice to any other sections of this agreement, CITY shall, 7 1wha,.fe applicable, maintain the confidential nature of inforr:'ction provided to it .by its clients . in accordance with the requirernen is of 0liapter 5 (corrn �e.�►eS g with Section ` 10850) of Part 2 of Division 9 of the California welfare and- Institutional Cade. 25) City agrees and understands that Evaluation is an essentia'_ c mdi,ion to this agreeT.nt, and that COUNTY will evaluate CITY in accordance with the Revenue Sharing Evaluation Handbook, a copy of which is on file in COUTN's Ad-inistrative Office - Revenue -Sharing, .:and ..which by this reference is inco--porated herein and rrade a part hereof as if fully set forth. COUNTY reserves the right to change or modify the valuation Handbook upon ten (10) days written notice 'to CITY. 26) CITY.agrees to abide by the conditions and procedures contained within -the-Evaluation Handbook and to gather, all pertinent data :required by CooM. CITY further agrees and understands"that-all xe orts.cont .wined within the Evaluation Eandbook which. are to be submitted by CITY must be submitted by the loth of each month on the form pr2vided by COUMYts..Administrative Office - Revenue Sharing. the panties.fur*ther.agree that they will work out a mutually acceptable-tiTm schedule for ,all evaluation reviews and/or evaluation functions which COU1tiTTY ray deem necessary. 27) The parties hereto agree' that for those programs which are chosen for an "Impact Evaluation", as ' outlined. in the Evaluation Handbook, that the COUNTY will de- sign a detailed evaluation testing program and provide the necessary staff to conduct an effective evaluation. This program can..be modified by CDJIWY upon five (5) days written notice to CITY. The parties further agree that a mutually acceptable time schedule will be provided for conducting the "LrIpact Evaluation", however, COT.JNTY reserves the right to perform any unscheduled evaluation functions which COUIN-LY may deem necessary. 28) The parties hereto agree that at any time, and for any progra-n, Cowry's Board of Supervisors, Administrative Office, or Revenue Sharing Office can call for a Performance Evaluation to be conducted, and the results shall he wde available to all interested parties. 29) -CITY agrees that failure by CITY to abide by and meet the conditions I necessary for an evaluation will 1>e- sufficient g-ounds fear COITVT'Y to discontinue. 4 prop a.±1' s uoport . 30) CITY agrees that, if it is subsequently determined that said funds were not expended in compliance with the Federal lam and regulations, CITY will refund to COTd'i'Y such funds which were improperly expanded. 31) If, through any cause, CM fails to fulfill in a timely and proper ma -*aver any of its obligations under this contract, or if CITY violates any of the terns and conditions of this contract, COUNTY shall thereupon have the right to terminate this agreeTreent by giving written notice to CITY of such to tion and specifying the effective date thereof. 32) The effective period of The Senior Transportation Prograrl portio, .1 of this A.21r ee_��at shall be the 29 mnnth period beg_-rming tj, y 1, .1977, and ending Septer:c- ber 30, 1979... CITY agrees that any and all fun:.; received under this agreement shall be- disbursed or encumbered on or before Septeriber 30, 1979, and that any and all funds' - remaining as Of September 30, 1979, which have Pot been disbursed or encumbered shall be returned by CITY to COUT17Y. IN FIT"LESS WrEREOF, the parties hereto certify that they have read and under- stand all the terms and conditions contained herein and have hereby caused this amend - Rent to be executed as of the date first above V-nitten, and except as herein above expressly amended, each and every provision of said agreement as amended shall br and remain in full force and effect. 9 •r; s e ' Aim" ST 4C1e--k of the Board.of Supervisors of Orange County, Califar9ia Date ., '9-�- 7 7 APPROVED AS TO FOJM ADRIAN KUYPER, COLJ1-COUNNSF-1, OF :ORANGE COUNTY, CALIFOIT4 A ; ( ) 0. BY �— DepUty° CLERK OF T.E CO?.NCII+Lx BY APPROVED AS TO FOF,i 1 BY City Attorney THIS CERTIFIES THAT CITY REPRESL14TT:'YS THE PERSON OR CORPORATION RNNED h=-Ili HAS INFORMED HE THAT TF Y HAVE CO: -PLIED j,7ITh ,r E 'PROVISIONS OF ORDXII�VC£ .2717 TO VTIT : NOT 12/Y DYED AN. ADVOCATE REPORTED Ei�'L'IOMN'T Or ADVOCATE Inty �Revenu2eSh-riri7 Coord a