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HomeMy WebLinkAbout2011-59 - OCTA Senior Mobility ProgramRESOLUTION NO. 2011 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING COOPERATIVE AGREEMENT C -1 -2482 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH FOR ENTRY IN THE SENIOR MOBILITY PROGRAM FOR SENIOR TRANSPORTATION SERVICES AND AUTHORIZING THE RECREATION AND SENIOR SERVICES DIRECTOR TO ACT AS THE AUTHORIZED AGENT FOR THE CITY TO EXECUTE ANY ACTIONS NECESSARY TO IMPLEMENT THE COOPERATIVE AGREEMENT. WHEREAS, City of Newport Beach ( "City ") is desirous of obtaining transportation services for seniors of the City of Newport Beach; and WHEREAS, the Orange County Transportation Authority ( "OCTA ") and City agree to enter into the Cooperative Agreement for the Senior Mobility Program ( "SMP ") for senior transportation services as approved by the OCTA Board of Directors on February 14, 2011; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Approve the Cooperative Agreement for entry in the SMP between the City and the OCTA attached hereto as Exhibit 1. Section 2: Authorize the Recreation and Senior Services Department Director to act as the authorized agent for the City and to execute any actions necessary to implement the Cooperative Agreement for the SMP, including providing the funding and /or in -kind contributions specified in the Cooperative Agreement. Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of June, 2011, W Leilani Brown, City Clerk Attachment: Exhibit 1: Cooperative Agreement 44,�� Michael Henn, Mayor VF, - a 4 a� '` ii'; , Attachment: Exhibit 1: Cooperative Agreement 44,�� Michael Henn, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT C -1 -2482 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH FOR SENIOR MOBILITY PROGRAM THIS AGREEMENT is made and entered into this day of 2011 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 Newport Beach, a California municipal corporation, 3300 Newport Boulevard, Newport Beach, California 92663 (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 Newport Beach; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, this Cooperative 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; and WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on February 14, 2011; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: L\Camm\ CLERICAL \W OROPROC WGREE\AG12482.docx Page 1 of 9 AGREEMENT NO. C -1 -2482 1 ARTICLE 1. COMPLETE AGREEMENT 2 A. This Agreement, including all 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 %v 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 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in Fiscal Year 2010 -11 as illustrated in Exhibit B, "Senior Mobility Page 2 of 9 L:tCamm \CLERICAL \WORDPROMGREEWGi 2482.docx AGREEMENT NO. C -1 -2482 1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds 2 to CITY in an amount no greater than FY2010 -11 funding levels less M2 SMP revenues for up to three 3 (3) years. Disbursement of TDA funds will occur with the last bi- monthly distribution of M2 funds during 4 the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years 6 of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 7 granted beyond a total of five years from the date of the initial funding allocation. 8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 11 allocation to any project within the same source program at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five 15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. 16 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions 24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 LACamm1C LE RICAL \WOROPROCIAGREMAG12482,docx AGREEMENT NO. C -1 -2482 1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 2 any project within the same source program at the discretion of AUTHORITY. 3 E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation. 4 Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions. 5 F. CITY may contract with a third -party service provider to provide senior transportation 6 services provided that: 7 1. Contractor is selected using a competitive procurement process; and 8 2. Wheelchair accessible vehicles are available and used when requested. 9 G. CITY shall procure and maintain insurance coverage during the entire term of this 10 Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY shall 11 provide the following insurance coverage: 12 1. Commercial General Liability, to include Products /Completed Operations, 13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 15 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a 16 combined single limit of $1,000,000.00 each accident; 17 3. Workers' Compensation with limits as required by the State of California including a 18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 19 agents; 20 4. Employers' Liability with minimum limits of $1,000,000.00; and 21 5. Professional Liability with minimum limits of $1,000,000.00 per claim. 22 H. Proof of such coverage, in the form of an insurance company issued policy 23 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to 24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 26 employees and agents designated as additional insured on the general and automobile liability, Such Page 4 of 9 L:\Camm \CLERICAL \W OROPROCVWGREEWG12482.docx AGREEMENT NO. C -1 -2482 1 insurance shall be primary and non - contributive to any insurance or self- insurance maintained by 2 AUTHORITY. 3 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C -1 -2482; and, the Senior Contract Administrator's Name, Pia Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 12 jurisdiction's fiscal year and include the following: 13 1. All Net Revenue fund balances and interest earned. 14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking 18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking 20 possession of the vehicle. 21 ARTICLE 4. TERM OF AGREEMENT 22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect 23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 25 ! 26 1 Page 5 of 9 L \Camm\ CLERICAL \WORDPROCNAGREE%AG12482.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -1 -2482 ARTICLE 6. NOTICES All Notices pertaining to this Agreement and any communications from the PARTIES may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To CITY: City of Newport Beach Recreation and Senior Services P.Q. Box 1768 Newport Beach, California 92658 -8915 ATTENTION: Laura Detweiler (949) 644 - 3157 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, California 92863 -1584 ATTENTION: Pia Veesapen (714) 560 - 5619 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 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also L: \Camm%CLERICAL\WORDPROC WGRE EW G 12482.docx Page 6 of 9 AGREEMENT NO. C -1 -2482 1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce. 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. The PARTIES herein shall each indemnify, defend and hold harmless the other 9 PARTY, its officers, directors, employees and agents from and against. any and all claims (including 10 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily 11 injuries, including death, damage to or loss of use of property caused by the negligent acts, 12 omissions, or willful misconduct by such other PARTY, its officers, directors, employees, agents, 13 subcontractors or suppliers in connection with or arising out of the performance of this Cooperative 14 Agreement. 15 B. Each PARTY shall maintain adequate levels of Insurance, or self- insurance to assure 16 full indemnification of the other PARTY. 17 ARTICLE 11, ALCOHOL AND DRUG POLICY 18 A. CITY agrees to establish and implement an alcohol and drug program that complies with 19 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this 20 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 21 compliance with sections 701 -707. 22 B. Failure to comply with this Article may result in nonpayment or termination of this 23 Agreement. 24 ARTICLE 11. CONFLICT OF INTEREST 25 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 26 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to Page 7 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AGi2482.docx AGREEMENT NO. C -1 -2482 1 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work 2 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive 3 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 4 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 5 pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this 6 Agreement. 7 ARTICLE 12. CODE OF CONDUCT 8 CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party 9 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 10 include these requirements in all of its subcontracts. 11 ARTICLE 13. FORCE MAJEURE 12 Either PARTY shall be excused from performing its obligations under this Agreement during 13 the time and extent that it is prevented from performing by a cause beyond its control, including, but 14 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 15 or facilities by the federal state or local government; national fuel shortage; or a material act of 16 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 17 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 18 not due to the fault or negligence of the PARTY not performing. 19 r 20 / 21 22 23 24 25 26 Page 8 of 9 L \Camm \CLERICAL \WORDP ROC\AGREE WG 12482.docx AGREEMENT NO. C -1 -2482 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C -1 -2482 to be executed on the date first above written. 5 I CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 6 ! By By Michael F. Henn Will Kempton 7 Mayor Chief Executive Officer 8 9 APPROVED AS TO FORM: o 10 By --� G` \l By a%i� , 4� f TO 11 Dave iff Kennard R. Smai , Jr' City Manager General Counsel 12 13 ATTEST: APPWOV D: -j14 By By 15 City Clerk Beth McCormick General Manager, Transit 16 1? 18 APPROV;&F)J //Rir/1: 19 By City rney f 20 I t 21 22 23 24 25 26 Page 9 of 9 L ACamm1CLERICALMORD PROC\AGREE\AG 12482. docx AGREEMENT NO. C -1 -2482 EXHIBIT A SCOPE OF WORK Senior Mobility Program 1. The City of Newport Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • The City shall use City's funds to purchase any necessary vehicles for the program. • The service shall be used to transport seniors to medical appointments, grocery shopping, banking, to the Senior Center and other necessary errands. • The service is available for Newport Beach residents age 60 and over, living in a private residence that are no longer able to drive. • The service is available Monday through Friday between 7:45 a.m. and 4:45 p.m. • The fee charged for the service shall be $1,50 each way to the OASIS Senior Center and $3.00 each way to other destinations, 2. In the event that the City decides to utilize outside contractors for service, the City shall follow competitive procurement practices in selection of vendors for all services, which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City does not wish to utilize retired OCTA ACCESS vehicles, except when its own vehicles are out of service for an extended period of time and a long term loaner vehicle is needed. City may opt to obtain a vehicle(s) during the course of the contract. Additional vehicles may be purchased from OCTA for $5,000 each. The cost of any additional vehicles shall be deducted from the next fiscal year allocation. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform maintenance of all its vehicles in the Senior Mobility program, including, at a minimum: • Daily pre -trip inspections that meet or exceed the guidelines provided in the attached Pre - Operation Inspection & Defect Report (Attachment 1) • Scheduled preventative maintenance, performed according to the specifications for the vehicle that will meet or exceed the guidelines as prescribed by City Vehicle Maintenance personnel, the Department of Transportation (DOT), and the attached Senior Mobility P.M. Checklist, including the maintenance of all accessibility features of the vehicles. (Attachment 2) • The City shall maintain maintenance records for each vehicle for 5 years. AGREEMENT NO. C -1 -2482 EXHIBIT A 5. The City shall ensure that its operators are properly licensed and trained proficiently to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance shall be included in this training. 6. The City shall submit a monthly report to OCTA's Community Transportation Services which includes, at a minimum, a monthly and fiscal year -to -date summary of service and expenditures. 7. In the event that the City uses a contractor for this service, the City shall ensure that it maintains adequate oversight and control over all aspects of service that are provided by a contracted vendor. -2- Attachment S Pre- Operation Inspection & Defect Report BusNan No. Date Federal Regulations state that no motor vehicle carrying passengers for hire shad be driven unless the diner has detal fined that the fo:owing pads and accessories are m good workno order Each driver is required to subnW a sgned Wditon report dart' for each coach driven fs( Driver: Miles Finish: ` Miles Start. Mites Elapsed. No Defects. ❑ Defects: ❑ Signature: 2nd Driver: Mites Finish' —_ No Oefe6ts. ❑ Miles Start: Detects: D Signature: Miles Elapsed:. 3rd Driver MUS Finish _ Miles Start ' Mites Elapsed No Detects. ❑ Defects: ❑ Sgnatuto' PREOPERATIONS INSPECTIONS Indcale witty an /x) that each dem has been checked: AWPM AMIPM _! Tues/Lug Nuts (wheels E rims) _/_ Emergency Reflectors Motor -Guard _I_ m Tu Signal SvntchiHorn _7_ Arc System _)_ Fast Aid IGl Lightsiftefiectors _7_ Radio Wheelchair Lifts _I_ Drivers Seavaett Wneetchaa Lin Cover / Door Interlock I Mirrors i_ W/C Tie Down Straps !— Windshield WpersWasner3 i_ Manual Lift Bar _ Fire Extinguisher _1_ Conduct Walk Around _ Steering Mechanism _/_ ParkinglBrakes/Sernce Brakes DEFECTS. Ind'cato with an (x) defective dams only: (Explain In potato LR&If,5 RETARDER ENGINE _ Brake Fluid Leaks _ Light On: Hot Engine/Water Leaks _ Son/Hard BrakOS Not Applied _ Low ONOR Leaks — Pull to UR _ Light On' _ Starts Hard Dragging Brakes Append, _ No Pon iEng. Ck. Light _ Smoking .Bus Stopped _ Smokes _ Emergency Brake _ Light Not On: _ Idles RoughWbralki _ Dow - explain Brakes Applied, _ Exhaust, Vacuum Leaks TIREs"FELS Bus Moving _ Fuel LeaksILPGlGas _ Fiat NC 6 N£RT7116 — Other . _ Embedded Obttecl _ Off TRANSMISSloN Cut Too CokVHN _ WonY Go Into Gear _ Smoottv'Cmd _ Defroster Defect _ Slips'GrircJsfLurcfies _ LF RF RR; PRO LRI LRO _ Venhiaxorn (Blowers) _ Exces" Noise _ Loose Missing Lugs _ Furnes _ Leaks _ cow - explain _ Omer- wow _ Drive Line vibration, .A3NTS E rgm—M lE0T DOORSt — Rear End Noise _ Interior WJNDOWS STEERING Exterior slow _ Hard/Binds _ Location' _ Inoperative Shimmy Leaks Arc _ _ Exc¢ssive play . VEHrCLE CLEANLNES _ — Excessive Play —Other - lhero — Other explain f1ECIRA EDUfPRftM :r Eineri or _Emergency Releases _ GeneratorlStarter _ Fkxx WHE£LCNAIRLIFT _ Turn SgnalsrFlashers _ windons _ Will Not Fold Out Horn Seat Conditon _ WIN Not Lower /Raise _ _ Fare Box :xFAauv _ NO Restrait O"Y1JP Instruments'Gauges Lift Will, Not Fold Into _ Fuel, Oil, Amp Melnt Bus PAQ',O `Seats _ Handra is _ Modesty Panels BUDY DAMAUh: Circle and descnDC any damage to a bus on d:a3rar of f��fronUrear and two sloe views 1-7 k Description 1 O O _ Description- Description Description OPERATOR(S): IMPORTANT' Help expedite repairs by providing necessary information regarding defects' Please print REPAIRS MADE; ALL ITEMS COMPLETED - BUS SERVICED AND RELEASED: Supervisor's Signature Date Attachment 2 Senior Mob ltv P.M. Check List Inspection Date Bus# TERMINAL workorder# Current Mileage Last inspection miles A. Employee must check off all boxes/ Note all discrepancies on reverse side IMIles between B. Check files and open workorders C. Interior Y e E. Under hood Y u 1 Entry door operation and seals 2 _ Temperature and oil warning devices 3 Neutral safety system 4 Horn, gauges and dash lights 5 Heater, defroster and fan 6 Windshield wipers and washer 7 Indicator lights 8 Throttle operation 9 Steering free play In. 10 Applied and unapplied brake test for vacum loss 11 Interior lights 12 Windshield and window glass condition 13. Window mechanism and seals 14 Seat condition 15 Interior body, floor and stantions 1 6 Fire eMinguishertlate and bracket 17 Road warning devices 18 First aid kits 19 Emergency exits operation, warning devices and signs 20 interior clean 21 Back up alarm D. Exterior Y 1 JAff exterior lights and signals 2 JMirror condition and mounting 3 IRecord body damage 4 Bumper bolts - 5 Paint lettering and appearance 6 Emergency exits 7 Axle flange and lug nuts, oil hubs 8 Tire side wall condition, cracked wheels, valve stem 9 Valve stem cap, alignment of rear duels 9 Tread depth 11 LF RF LRO 12 LRI RRO RRI 10 Tire Inflation: Record and inflate 14 LF RF iRO 15 LRI RRO RRI i Check for visible leakage 2 _ Engine oil level 3 Transmission fluid level and condition 4 Brake fluid 5 Power steering fluid 6 Check all belts 7 Component and accessory mounting 8 Check all hoses and routing 9 ICOOlant level and protection cff ph 10 Pressure test cooling system 11 Water pump and fan clutch play 12 Air filter condition - check restriction gauge 13 Check exhaust system 14 Battery fluid level and mounting 15 Clean battery and connections W Drain fuellwater separator F. Under Bu Y g 1 Kingpin and wheel bearing play 2 Tire wear, condition and matching 3 Leakage at backing plates and 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 lExhaust system and mounting 10 Transmission mounted parking brake 11 Transmission leaks 12 JOutput shaft play 13 Driveshaft guard, U Joints and retarder 14 Body hold downs and insulators 15 Wiring along frame 16 Differential leaks, fluid level 17 Pinion play 18 Smathervent 19 Rear shocks and mounting 20 Rear springs, bushings and Ubolts 21 Leakage at backing plates and wheel seals 22 Fuel tank straps and lines 23 Tail pipe hangers 24 Lube entire chassis 25 Check drag link, tie rods and idler arms Attachment 2 Inspection Senior Mobility P.M. Check List K D. Brakes x 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 5 Pads and rotors 6 Check pins and calibers H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic 6,000 miles. inspectionfoil change 30,000 Transmission service 60,000 Differential service D. Lift Inspection Y � i Check lift for proper operations 2 Inspect for stress, cracks, mounting and alignment 3 Check pins 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring 6 Check all system covers and warning signs 7 lCheck safety barrier 8 Lube complete lift 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place Signature of Supervisor AGREEMENT NO. C- 1.2482 EXHIBIT B M1 v Senior Mobility Program Allocation FY 2010 -11 Transportation Development Act Article 4.5 Funds r0 e FO Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Seal Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 40,913 Total (Current Participants) $ 1,672,472 AGREEMENT NO. C-1-2482 Senior Mobility Program Monthly Reporting Form EXHIBIT C M Monthly Reporting E-Form Service for the Months (ears of: Program Name: City or Organization; Contact Person: Contact Number; -C!'ID WWI, Trip Category One-Way Vehicle ' Ice Vehicle Service Passenger Trip H) Hours M a r Nutrition Trips: Medical trips: Shopping trips: Other trips: (Please specify trip type below*-) Totals: Oil Oil 01 :'Surri'ma OCTA Monthly Contribution Amount: City Monthly Cortirlbultion Amount: Total Operation Cost for Month: Source of City Contributor Please provide Me remiested Unformabon and subma the ccmplead form to QCTA. Attention: Jossu DeakynelCommunny Transponsyban coordinator. by amad ho jdeakyneQmWnaI or by FM 10 (714)560.6927, "'By th. 16M day or the month following the reporting month... Pleas* contact Jessica Dealkyne, at (714) 560-5002 If you have any questions or require assistance with the completion of this form. TR-90-086.dod; (09118108) Page I of I AGREEMENT NO. C -1 -2482 EXHIBIT D <° 1 V a1tIlQA4�la`ll �Il -ug— ree Workplace 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 performed 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 informing all covered employees 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 of 2 Revised: 0310312010 AGREEMENT RIO. C -1 -2482 EXHIBIT D 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 occurring in the workplace; the availability of any drug counseling, rehabilitation, and /or employee assistance plans offered through the employer. By requiring 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 does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining Act of 1994 (FASA), Page 2 of 2 Revised: 0310312010 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -59 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 2011. NO_ City Clerk Newport Beach, California (Seal)