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HomeMy WebLinkAbout1991-11-12 - AGENDA REPORTS - DIAL A RIDE AGMT BTN CITY (2)AGENDA REPORT City Manager Approval Item to be presented by: John Medina CONSENT CALENDAR DATE: November 12, 1991 SUBJECT: DIAL -A -RIDE AGREEMENT BETWEEN CITY AND HENRY MAYb HOSPITAL ADULT DAY CARE CENTER DEPARTMENT: Public The City assumed operation of all Dial -A -Ride services effective November 4, 1991. These services were previously operated by the Santa Clarita Valley Committee on Aging (SCVCO). A major client of the Elderly and Handicapped Dial -A -Ride is the Adult Day Care Center located at the Henry Mayo Newhall Memorial Hospital. Henry Mayo Hospital operates an adult day-care facility that requires .the transportation of clients from their homes to the hospital and back. In order to maintain licensing the hospital is required to have a signed agreement with a Dial -A -Ride operator for the provision of transportation services. Henry Mayo agrees to schedule their clients in the same manner as other users of Dial -A -Ride: They also agree to pay the $.50 fare for each client that uses the service. The City's transit contractor, ATE, has agreed to bill the hospital on a monthly basis. With the City operating the service, it is now necessary for the City to enter into an agreement with Henry Mayo Hospital with respect to transportation of their clients. This agreement is necessary so that the City can continue the service that was previously provided by the Santa Clarita Valley Committee on Aging. The attached agreement is essentially the same as the previous contract between Henry Mayo Hospital and the Santa Clarita Valley Committee on Aging. Authorize Mayor to sign the agreement between the City and Henry Mayo Newhall Memorial Hospital for the provision of Dial -A -Ride services following City Attorney approval. ATTACHMENT Agreement ppp�O��D ADULTCAR/rd Agendaltem: ... Committed to your good health 0. Henry'Mayo Newhall, Memorial Hospital 23845 West McBean Parkway Valencia Caliornia 91355 Telephone (805) 253.8000 TRANSPORTATION AGREEMENT This agreement is made and entered into on November 4, 1991, by.and between Henry Maya Newhall Memorial Hospital, a California -not-for-profit corporation, hereinafter called "Hospital", and The City of Santa Clarita, hereinafter called "City". The Hospital does maintain an Adult Day Health Care Center'(ADHC) and desires that the City provide transportation services to ADHC. Therefore, the parties agree as follows: 1. The City, for and in consideration of the covenants, conditions, agreements and stipulations of the Hospital herein contained agrees to furnish to the Hospital services as follows: 1.1 Transportation for participants of ADHC to the. Adult Day Health Care Center at Henry Mayo Newhall Memorial Hospital and return to their residence. 1.2 Transportation shall be pre -scheduled with no less than 24 hours notice. 1.3 Scheduling shall follow all current. City guidelines and weekly schedules shall be'made available to the contractor by .Friday morning at 0800 of the previous week.. 1.4 Participants shall arrive at the ADHC between 0800 and 0945 and shall be picked up at the ADHC between 1430 and 1530. Service is Monday through Friday. 1.5 Contractor shall be notified of alltransportation cancellations or changes as soon as reasonably possible. 1.6 Contractor shall notify the ADHC as soon as reasonably possible as to their inability to transport any participant due to scheduling and/or other problems. 1.7 ADHC agrees to provide an attendant. -at their own expense on the contractor's vehicles, to assist participants in and out of the participants residence when the city determines that it is not practical or safe for their own driver to do so. 2. This agreement does not imply that the City or -the Contractor are providing a dedicated or committed service to ADHC that is not already available to the general public. No priority shall.be given to ADHC participants over and above that expected by the general public. The City and the Contractor agree to make every_ reasonable effort to .transport ADHC•participants as scheduled. PAGE 3. In consideration of the performance of said services by contractor, the HOspi,tal agrees to pay the Contractor $0.50 per participant ride each way, to and from the ADHC. The Contractorshall bill the ADHC by the fifth of each month for services rendered during the previous month. Payment(s) to the Contractor shall be made within (50) days of ADHC's receipt of invoice(s) for work completed by the Contractor. 3.1 Renewal: Upon the expiration of the initial and any subsequent term, the term of this Agreement shall automatically renew on the same terms anti conditions for'successive periods of one (1) year, unless written notice of non -renewal is provided by .one party or the other at least sixty (60) days prior: to the termination date. 3.2 Either party may terminate this Agreement with or without cause, upon at least sixty (50) days prior written notice to the other party. 4. The City agrees to indemnify, -defend and held harmless the Hospital, it's Directors, Officers, Agents and Employees from any and all claims and losses accruing or resulting,to any and all contractors, subcontractors, material' persons, laborers and any other person, firm or corporation furnishing or supplying work., services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 0 S. The City shall cause the Contxactor to maintain liability insurance as appropriate in the minimum amount of $5,000,000. 6. The City and any Agents and Employees of the City & the Contractor in theperformance of this Agreement, shall act in an independent capacity and not as Directors, Officers, Employees or Agents of the Hospital. The City shall be responsible for the payment of any federal, state, county, or city employment or income tax liability accruing on compensation paid by ADHC for performance of this Agreement. 7. The Hospital may terminate this Agreement and be relieved of any payment of consideration should the City fail to perform the covenants herein contained at the time and in the manner herein provided. 8. Without the written consent of the Hospital, this Agreement is not assignable by the City either in whole or in.part. 9. No alternation or variation of the terms of this Agreement shall be valid unless made in writing.and signed by the partie4 hereto, and no oral understanding or agreement not incorporated herein shall be binding'on any of the parties hereto. 10. The City shall comply with all federal, state, county and municipal laws, regulations, and ordinances applicable to the performance of this Agreement and shall keep in effect any and all licenses, permits, notices, and certificates.as are required. The City shall be governed by and construed in accordance with all laws, regulations and contractual obligations incumbent upon the Hospital. ` PAGE 3 11. Any notice given by either party to the other shall be in writin¢; and forwarded by certified mail, addressed to the City and the Hospital as follows: and City of Santa Clarita 23920 West Valencia Blvd. Valencia, CA 91355 Henry Mayo Newhall Memorial Hospital Adult Day Health Care 23845 W. McBean Parkway Valencia, Ca 91355 Each.party may change its address by written notice in accordance with this paragraph: 12. Any contxove.rsy between the parties hereto involving the construction or application of any of ..the terms,.covenants.or conditions of this Agreement, shall, on the written request of one party served on the other, be submitted to arbitration and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1286 through 1294.2 of the California Code of Civil Procedure, 13. Partial invalidity of this Agreement shall not affect the remainder. 14. If any action at law or in equity, including an action for declaratory relief,.is brought to enforce or interpret the provisions of this Agreement,.the prevailing.party shall be entitled to a reasonable attorney's fee, which may be set by the court in the.same action or in a separate action brought for that purpose, in addition to any other relief to which it may be entitled. 15. The.terms of this Agreement shall apply to and shall bind and inure to the benefit of the heirs, representatives, assigns and successors in interest of the parties hereto. 16. The Department of Health Services and the Department of Aging shall have the right to inspect or reproduce all books and records ,of the city as they relate to the provision of goods and services under the ' term of the Agreement. Such books and records shall be available for inspection or reproduction at all reasonable times at the contractors place of business for a.term of at least four years from the effective date of the Agreement. 0 PAGE 4 17. The City , upon written request, shall furnish financial reports relating to the provision of services under this agreement and the payment therefore to the Hospital and to the Department of Health Services and the Department of Aging in such.form and at such times as required by the Hospital to fulfill its obligations for financial reporting to the Department of Health Services and the Department of Aging. 0 DB/kp 11 In witness whereof, the undersigned have entered into this Agreement on the date first written. Henry Mayo Newhall Memorial Hospital Adult Day Health Care By: Dianne Belli, Vice President Professional Services By: City of Santa Clarita