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ORD 81-11 SENIOR CITIZENS MOBILITY PROGRAMPage 1 of 2 ORDINANCE 81-11 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON ESTABLISHING AN INFIRM OR SENIOR CITIZENS MOBILITY PROGRAM, PROVIDING FOR THE SERVICES TO BE PROVIDED ON A CONTRACTED BASIS, AND AUTHORIZING THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS THEREFOR. The City Council of the City of Winslow has determined that the establishment of a Infirm or Senior Citizens Mobility Program for the benefit of the infirm and senior citizens of the City of Winslow would be in the public interest and that a need exists for the providing of such a program and that federal revenue sharing funds are available to support such a program and further that Help Line House, a non-profit Washington corporation, in connection with the Bainbridge Island Park and Recreation District, a municipal corporation, is capable of providing such a service on a contract basis, Now, Therefore, The City Council of the City of Winslow DO ORDAIN as follows: SECTION 1. There is hereby established a Infirm or Senior Citizen Mobility Program within the City of Winslow pursuant to authority granted in RCW 36.39,060 which shall provide transportation services for inf~rm or senior citizens within the City of Winslow to or from any location at the request of any individual infirm or senior citizen. The schedule and operating hours for such service to be determined by the contractor after approval by the City Council. SECTION 2. The Mayor is authorized to enter into a contract with Help Line House, a non-profit corporation, to provide the entire program on such specific terms and conditions as the Mayor may determine except that the total cost thereof shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per year. Page 2 of 2 SECTION 3. The City Treasurer is authorized to pay from federal revenue sharing funds, not more than Two Thousand Five Hundred Dollars ($2,500.00) for the calendar year 1981. PASSED by the City Council of the City of Winslow this 25th day of February, 1981. ALICE B. TAWRE~.~ ATTEST: CLERK TREASURER /./A~pp ED AS TO FORM: M OF MCKISSON AND SARGENT, INC., P.S. CITY ATTORNEYS I do h eb certify ,this Ordinance was signed by the Mayor this ~ day o~ ~2~ ~/~/ ~nd therafter posted this ~ day of ~9~.~/~ at the FerryTerminal~ Chamber ~f Commerce,~ity Hall~ Effective~ /~/~'f/ Donna Jean~xton Clerk/Treasurer s e a 1 Page 1 of 6 AGREEMENT CITY OF WINSLOW INFIRM AND SENIOR CITIZENS MOBILITY PROGRAM This agreement is made and entered into this 2nd day of ~e~;-, 1981 by and between the City of Winslow, bereinafter referred to as the "City," and Help Line House, a non-profit corporation located at 533 Madison Avenue North, Winslow, Washington, hereinafter referred to as the "Contractor" for the delivery of services to infirm or senior citizens purusuant to Ordinance No. 81 - 11 of the City of Winslow. I. Definitions. As used throughout this agreement, the following terms shall be defined as follows: 1. Senior Citizen means a person of the age of sixty-two years or more. 2. Transportation services are the transporting of infirm senior citizens within the City to or from any location at the request of any infirm or senior citizen. 3. Driving time. Any time during which a vehicle is operated directly or indirectly for the purpose of providing transportation services including, but not necessarily limited to the time during which the vehicle is in use actually transporting senior citizens. The time during which the vehicle is in use for the purpose of obtaining service, maintenance or repair and the time the vehicle is in use for the purpose of providing transportation services even though not actually occupied by senior citizens. 4. Direct and indirect costs are all costs related to the providing of transportation services including service, maintenance, repair, insurance, taxes, license fees and preparation and maintenance of all necessary books and records. Some of the above costs ~ill be subcontracted with the Bainbridge !-!sland Park District~ Page 2 of 6 II. Contractor Responsibilities. 1. CoDtractor shall provide transportation services for the benefit of senior citizens during the calendar year 1981. The service will be initiated on March 2, 1981. Transportation services shall be limited to the geographical area within the city limits of the City of Winslow, Washington. Transportation ser,~ices shall be provided by Contractor for a period of driving time of not less than eight hours per week. 2. Contractor shall maintain all books, records, documents, reports and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature in performace of transportation services for which funds provided by the City pursuant to this agreement are expended. Such books, records, documents, reports and other evidence of accounting procedures shall be maintained for a period of three years and shall be subject at all reasonable times to inspection, review or audit by personnel duly authorized by the City. 3. Contractor will provide to the City financial and other reports at such intervals and in such formats as are required by the City. III. Non-discrimination in Services. Contractor will not, on grounds of race, color, sex, religion, national origin, creed, marital status, age or presence of any sensory mental or physical handicap, deny a senior citizen any transportation services provided pursuant to this agreement. IV. Indemnification. 1. Hold harmless. Contractor shall defend, protect and hold-harmless, the City and its appointed and elected officers and employees from and against any and all liability, loss, cost, damage an~ expense including costs and attorneys fees in defense thereof because of actions, claims or losses for damage because of personal or bodily injury including death at any Page 3 of 6 time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property including loss of use thereof, asserted or arising, or alleged to have arisen directly or indirectly out of or in consequence of the performance of this agreement whether such injuries to persons or damage to property is due to the negligence of the Contractor, its agents, successors or assigns. V. Insurance coverage. Contractor shall not commence work under this agreement until all insurance required under this paragraph has been obtained and such insurance has been approved by the City. Contractor shall provide a certificate of insurance to the City executed by an authorized insurance agent evidencing coverage and limits as follows: 1. Comprehensive general and automobile liability coverage with limits of $500,000.00 per occurance, combined single limit covering both bodily injury and property damage including uninsured motorist coverage in equal limits. 2. General requirements of policy - The Contractor's insurance policies shall contain a general requirement for endorsements as follows: A. The City is named as an additional insured with respect to this contract and such insurance as is carried by the Contractor is primary over any insurance carried by the City. B. In the event of non-renewal, cancellation or material change in coverage provided, thirty days written notice will be furnished to the City prior to the date of non-renewal, cancellation or change. Such notice to be sent to the Mayor of the City. C. The City has no obligation to report occurrances unless a claim is filed with the City and the City has no obligation to pay premiums. Page 4 of 6 D. The Contractor's insurance policies shall contain a cross-liability endorsement substantially as follows: The inclusion of more than one insured under the terms of this policy shall nct effect the rights of any insured as respects any claim, suit or judgment made or brought by or for any other insured or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy has been issued to each except that nothing herein shall operate to increase the company's liability beyond the amount or amounts for which the company would have been liable had only one insured been named. VI. Licensing standards. Contractor agrees to comply with all applicable State licensing standards. VII. Right of inspection. Contractor shall provide access to its facilities to the City at all reasonable times in order to monitor and evaluate performance and compliance. VIII. City of Winslow Responsibilities. The City agrees to provide two thousand five hundred dollars ($2,500.00) for the year 1981 to the contractor for assistance in providing transportation services. Payments shall be maSe as follows: March 2, 1981 June 1, 1981 September 1, 1981 833.00 833.00 834.00 IX. Mutual Agreement of the Parties. 1. Failure of the Contractor to comply with the terms of this agreement shall give the City right to withhol8 payment of any further funds under this agreement. 2. In the event that it is determined that any funds are disbursed under the terms of this agreement which were in violation of the terms and conditions herein, such sums shall be reimbursed to the City upon written demand. Neither payment of any funds under the terms of this agreement nor any other action of the City or its agents or employees prior to the discovery of the violation shal1 constitute a waiver thereof. Page 5 of 6 3. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver of any breach of this agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this agreement or at law shall be taken and construed as cumulative, that is in addition to every other remedy provided herein or by law. The failure of the City to enforce at any time any of the provisions of this agreement or by Contractor of any of the provisions hereof shall in no way be construed to be a waiver of such provisions nor in any way effect the validity of this agreement or any part thereof or the right of the City to thereafter enforce each and every such provision. 4. There shall be no modification of this agreement except in writing executed with the same formalities of this present instrument. 5. All notices required between the City and the Contractor under this agreement shall be in writing and must be served either personally or by certified or registered, return receipt requested, mail. Notices sent by certified or registered mail shall be deemed served when deposited in the United State Mail. X. Termination. A. This agreement may be terminated by either party upon thirty days (30) written notice to the other party. The City reserves the right to terminate this agreement in whole or in part without thirty days (30) written notice in the event expected or actual funding from the State, federal or other source is withdrawn, reduced or limited in any way after the effective date of implementation of this agreement. In the event of termination under this clause the City shall be liable only for payment in accordance with the terms of this agreement for services rendered prior to the effective date of termination. Page 6 of 6 B. The City by written notice, may terminate this agreement for failure of the Contractor to perform any of the provisions hereof. XI. Term. The period of performance of transportation services pursuant to this agreement shall be through December 31, 1981.. XII. All Writings Contained Herein. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings oral or otherwise regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. The Contractor has read and understands the whole of the above agreement and now states that no representation promise or agreement unexpressed in this agreement has been made to induce the Contractor to enter into it. IN WITNESS WHEREOF AT T s T: Clerk/Treasurer City of Winslow Mayor Help Line House APPROVED AS TO FORM: Robert Wo Mc%fsson City Attorney