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HomeMy WebLinkAbout2021-66 - Approving Cooperative Agreement C-1-3246 Between the Orange County Transportation Authority and the City of Newport Beach for Renewal of the Senior Mobility Program for Senior Transportation Services and Authorizing the Recreation and Senior SerRESOLUTION NO. 2021-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT C-1-3246 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH FOR RENEWAL OF THE SENIOR MOBILITY PROGRAM FOR SENIOR TRANSPORATION SERVICES AND AUTHORIZING THE RECREATION AND SENIOR SERVICES DIRECTOR TO ACT AS THE AUTHORIZED AGENT FOR THE CITY TO TAKE ANY ACTIONS NECESSARY TO IMPLEMENT THE COOPERATIVE AGREEMENT WHEREAS, the City of Newport Beach ("City") desires to continue providing transportation services for seniors within the City in cooperation with Orange County Transportation Authority ("OCTA"); and WHEREAS, OCTA and the City intend to enter into a Cooperative Agreement for a Senior Mobility Program ("Agreement") for the City to provide senior transportation services. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the Agreement between OCTA and City, attached hereto as Exhibit A and incorporated herein. Section 2: The City Council does hereby authorize the Recreation and Senior Services Department Director to act as the authorized agent for the City, to execute any documents and take any actions necessary to implement the Agreement, including providing the funding and/or in-kind contributions specified in the Agreement. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2021-66 Page 2 of 2 Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: 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 27th day of July, 2021. i / - Br very ayor ATTEST: e45 Leilani'l. Brown '" U City Clerky.. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE /,,,— a n C. Harp City Attorney Attachment: Exhibit A — Cooperative Agreement 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 NO. C-1-3246 2. Funds for the program are identified as one percent (1 %) of Renewed Measure M (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local jurisdictions based upon the participating entity's respective percentage of the senior population of the entire County. 3. Senior population will be determined by using the most current official decennial Census information provided by the U.S. Census Bureau. 4. All active participants will receive their portion of funding on a bi-monthly basis. B. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3}year limit, but extensions 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 must satisfy all M2 eligibility criteria, as specified in the Orange County Local Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula allocation for the SMP. B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior transportation services as specified in Exhibit A, entitled "Senior Mobility Program Agency Service Plan." Page 3 of 9 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 NO. C-1-3246 C. CITY agrees to comply with all elements of the SMP Guidelines as specified in Exhibit A, Attachment 1. D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3) -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. E. In the event the time limits for use of Net Revenues are not satisfied, any retained Net Revenues that were allocated to CITY 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. F. CITY agrees to match twenty percent (20%) of the total annual program expenditures. Local match may be made up of cash -subsidies, fare revenues, or in-kind contributions. G. CITY may contract with a third -party service provider to provide senior transportation services provided that: 1. Contractor is selected using a competitive procurement process; and 2. Wheelchair accessible vehicles are available and used when requested. H. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products/Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate; 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000 each accident; 3. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and Page 4 of 9 COOPERATIVE AGREEMENT NO. C-1-3246 1 4. Employers' Liability with minimum limits of $1,000,000 per accident, $1,000,000 policy 2 limit -disease, and $1,000,000 policy limit employee -disease. 3 I. Proof of such coverage, in the form of an insurance company issued policy endorsement 4 and a broker -issued insurance certificate, must be received by AUTHORITY prior to commencement of 5 any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days 6 from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents 7 designated as additional insured on the general and automobile liability. Such insurance shall be primary 8 and non -contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also 9 include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts 10 required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other 11 project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess 12 liability policies. 13 J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 14 Number C-1-3246; and, the Associate Contract Administrator's Name, Luis Martinez. 15 K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees 16 to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the 17 vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title 18 and registration from AUTHORITY to CITY within thirty (30) calendar days from 19 taking possession of the vehicle. 20 ARTICLE 4. TERM OF AGREEMENT 21 A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect 22 through June 30, 2026 (Initial Term), unless earlier terminated or extended as provided in this Agreement. 23 B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an 24 additional five (5) years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term), 25 and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with 26 Exhibit A. Page 5 of 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 1 K� COOPERATIVE AGREEMENT NO. C-1-3246 C. AUTHORITY's election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for AUTHORITY's convenience or CITY's default as provided elsewhere in this Agreement. The "maximum term" of this Agreement shall be the period extending from commencement through June 30, 2031, which period encompasses the Initial Term and Option Term. ARTICLE 5. 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: To AUTHORITY: City of Newport Beach Orange County Transportation Authority 801 Narcissus Avenue 550 South Main Street P. 0. Box 14184 Corona Del Mar, CA 92625 Orange, CA 92863-1584 Attention: Laura Detweiller Attention: Luis Martinez Director, Recreation & Senior Services Associate Contract Administrator Tel: (949) 644-3157 Tel: (714) 560-5767 Email. Idetwelller0newportbeachca.aov E-mail Imartinez1(doocta.net 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. Page 6 of 9 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 NO. C-1-3246 ARTICLE S. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, program 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 five (5) years from the date of final payment 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 any 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 out of the performance of this Agreement. B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full indemnification of AUTHORITY. C. As a funding source, AUTHORITY shall not be liable for any claims or losses arising from CITY as a result of using the fund. Page 7 of 9 COOPERATIVE AGREEMENT NO. C-1-3246 1 ARTICLE 11. ALCOHOL AND DRUG POLICY 2 A. CITY agrees to establish and implement an alcohol and drug program that complies with 3 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement 4 as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with 5 sections 701-707. 6 B. Failure to comply with this Article may result in nonpayment or termination of this 7 Agreement. 8 ARTICLE 12. FORCE MAJEURE 9 Either PARTY shall be excused from performing its obligations under this Agreement during 10 the time and extent that it is prevented from performing by a cause beyond its control, including, but 11 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or 12 facilities by the federal state or local government; national fuel shortage; or a material act of omission 13 by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and 14 provided further that such nonperformance is unforeseeable, beyond the control and is not due to the 15 fault or negligence of the PARTY not performing. 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 8 of 9 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 NO. C-1-3246 IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-1-3246 to be executed as of the date of the last signature below. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: Brad Avery Mayor ATTEST: By: Leilani Brown City Clerk APPROVED AS TO FORM By: Aaron C. Harp City Attorney 0 Darrell E. Johnson Chief Executive Officer APPROVED AS TO FORM: By: James D096 (Jun 30,202108:53 COT) James M. Donich General Counsel APPROVAL RECOMMENDED: By: Beth McCormick Executive Director, Operations APPROVAL RECOMMENDED: M Jennifer L. Bergener Chief Operating Officer, Operations/ Deputy Chief Executive Officer r 1r6 11 Page 9 of 9 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A mSenior Mobility Program o�A Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Newport Beach Program Contact Susie DiGiovanna Email Sdigiovanna@newportbeachca.gov Service Description: 1. ana Date December 18, 2020 Phone 949-718-1825 The goal of the OASIS Transportation program is to provide transportation for city residents who are older than 60 and unable to drive. Transportation is provided to medical appointments and other essential services within city limits. The primary program objective is to enable senior residents of Newport Beach to "Age in place" and remain in their own homes, even when they have retired from driving. This typically includes those who are unable to drive due to a myriad of health issues. Many have had strokes or other vascular problems that require extensive and prolonged rehabilitation services. Some have had vision problems and are unable to see. Some have extreme problems walking due to joint diseases and balance issues, while others are battling cancer and need to receive treatment and testing. Some of our clients have stopped driving because they can no longer safely navigate a car due to cognitive issues such as Alzheimer's Disease, Parkinsons, Diabetes and other problems. Our program provides transportation to essential medical treatment as well as to purchase food, medication and other life-giving essentials. Additionally, our program objective is to transport clients to the OASIS Senior Center where they can receive a hot lunch and social services as well as attend recreational, COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A health and wellness classes and educational lectures. Participation in these programs helps to prevent disease, isolation and depression. Through our transportation services, we are able to link a vulnerable population to critical health and community services that help to manage and improve their health and wellbeing. 2. Indicate how SMP service will be operated: (Please check all that apply) Directly -Operated aSubsidized Taxi Program Contract Service Provider a Other (Please Describe) aVolunteers 3. Eligible trips provided under the SMP are limited to the following categories. Please indicate the categories of service to be provided by your program: (Please check all that apply) Senior Center Personal Care 4. COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A Nutrition Shopping Medical Social / Recreation (Please Describe) Churches, Fitness facilities, Restaurants aiv,r uumennes restricts taps outsicie of Urange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? No If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) 5. Fare structure: Rides are $1.50 each way to the senior center and $3.00 each way to all other locations within Newport Beach for essential errands. For the senior residents of Newport Beach low-income apartments, we offer a reduced rate of $1.00 each way for all rides. 6. Number of vehicles: 6 7. Projected annual ridership: F15,000 8. COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A Source(s) of 20 percent match funding: City of Newport Beach, Hoag Hospital, Friends of OASIS COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A Program Requirements: 1. Jurisdiction/Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction/Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction/Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform 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. 4. Jurisdiction/Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701-707. S. Jurisdiction/Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. Jurisdiction/Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. Jurisdiction/Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. Jurisdiction/Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE OCTA REPRESENTATIVE Name: Grace Leung Title: City Manager Name: Title: CTS Department Manager COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT1 Senior Mobility Program Project U Funding and Policy Guidelines November 2018 1.0 Overview The Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding to support local, community-based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County participating cities and eligible agencies based upon their senior population. One percent (1 %) of M2 net revenue is used to fund the program and participating cities and eligible agencies must provide a minimum 20 percent (20%) local match of the total annual program expenditures. Included in the SMP are eligible non -profits. These agencies are funded locally and must also comply with the Guidelines. 2.0 Objectives ■ To provide for local, community-based senior transportation services. ■ To allow participating cities and eligible agencies to develop and implement senior transportation services to serve their community. ■ To provide transit options for seniors which complement rather than duplicate the Orange County Transportation Authority's (OCTA) fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Participating cities and eligible agencies must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this program.' Adherence to strict funding guidelines is required. Participating cities and eligible agencies are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. 1 Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible participating cities and eligible agencies based upon the participating cities and eligible agencies' percentage of the senior population of the county. Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi-monthly basis. SMP funds must be expended within three (3) years of receipt. OCTA may grant a two (2) -year extension beyond the three (3) -year expenditure limitation; however, an extension may not exceed five (5) years from the date of the initial funding allocation. Participating cities and eligible agencies requesting an extension beyond the three (3) -year limitation must submit a justification letter for review and approval by OCTA at least ninety (90) days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not satisfied, any retained SMP funds that were allocated to an eligible participating city and eligible agency, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating cities and eligible agencies must provide a minimum 20 percent (20%) local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in-kind contributions such as salaries and benefits for the participating cities and eligible agencies' employees who perform work on the program. Participating cities and eligible agencies may also be required to submit supporting documentation to substantiate local match expenditures. Participating cities and eligible agencies are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent (20%) match requirement must be met by the end of each fiscal year, defined as June 30. Participating cities and eligible agencies not satisfying the annual 20 percent (20%) match shall be subject to withholding of funds from future bi-monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. Example: Total Program Expenditures Total M2 Funding Allocation 20% Required Match Actual Reported Match 2 $100,000 $ 80,000 $ 20,000 $ 15,000 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT Withholding Calculation: Total M2 Funds Spent $ 80,000 M2 Funding Eligibility Based on Actual Reported Match - 60,000 Withholding from Future Allocation(s) $ 20,000 6.0 Service Guidelines Services provided under the SMP are available to individuals sixty (60) years of age and older. Participating cities and eligible agencies have discretion in the types of trips provided within Orange County, such as trips to/from senior centers, medical appointments, shopping, personal care, and social/recreational activities. Participating cities and eligible agencies should use discretion when providing trips for social/recreational activities when developing their Service Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately ten (10) miles of the Orange County border. Participating cities and eligible agencies also have discretion in how the service is operated. Senior transportation services may be operated using employees, volunteers, or the jurisdiction may contract with a third -party service contractor. Contractors must be selected using a competitive procurement process and the participating city and eligible agency must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Participating cities and eligible agencies whose program offers subsidized taxi service for seniors must ensure trips provided with SMP funding are consistent with the trip types as specified in these guidelines. Wheelchair accessible vehicles must be available for SMP service. Participating cities and eligible agencies will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Participating cities and eligible agencies will ensure that its operators, or its contracted operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Participating cities and eligible agencies may receive one retired OCTA ACCESS paratransit vehicle per year, free of charge, to support their senior transportation programs subject to availability. Any retired ACCESS vehicles in excess of one (1) per year may be purchased for a cost equivalent to the refurbishment cost incurred by OCTA. 9 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT 7.0 Service Plan Adoption Participating cities and eligible agencies shall submit to OCTA a SMP Service Plan which defines program services (Exhibit A). The Service Plan must be submitted using a template provided by OCTA and must be adopted by the participating cities and eligible agencies' governing body and approved by the OCTA Board of Directors. Any revision to the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval. Revisions to the trips listed on the Service Plan will require an amendment to the cooperative funding agreement prior to implementing a change in program services. 8.0 Insurance Participating cities and eligible agencies shall procure and maintain insurance coverage as specified in their SMP cooperative agreements with OCTA. 9.0 Drug and Alcohol Testing Participating cities and eligible agencies shall establish and implement an alcohol and drug testing program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701-707. 10.0 Marketing and Outreach Participating cities and eligible agencies shall participate as appropriate in OCTA marketing and outreach efforts to encourage the use of fixed route transit service by older adults. 11.0 Recognition of OCTA Sponsorship Participating cities and eligible agencies shall note OCTA sponsorship in any promotional material for senior mobility services funded by OCTA and shall display an OCTA -provided OC Go Senior Mobility Program decal on vehicles used in this Program, excluding taxis. 12.0 Vehicle Maintenance Participating cities and eligible agencies shall perform or ensure that a contracted vendor performs maintenance of all vehicles used in the Program, including: Daily pre -trip inspections and completion of checklists identifying each vehicle component and system inspected. Scheduled preventive maintenance that meets or exceeds the vehicle manufacturer's standards. Maintaining maintenance records for each vehicle for five (5) years. 4 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT If required, cooperation in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 13.0 Eligible Expenses Participating cities and eligible agencies shall ensure M2 funds are used for eligible direct program -related expenses which may include contract service providers, staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies and materials, marketing materials, and community outreach. Participating cities and eligible agencies shall ensure all costs are program -related and are fair and reasonable. Administrative costs up to 10 percent (10%) are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by a participating city and eligible agency for other than transportation purposes authorized in the M2 Ordinance. 14.0 Program Revenue Participating cities and eligible agencies must maintain adequate controls for collecting and reporting program revenue, including donations, fees, and cash fares. Program revenue must be used to support the transportation service and may be used as part of the participating cities and eligible agencies' 20 percent (20%) local match requirement. 16.0 Reporting Participating cities and eligible agencies are required to submit reports using templates provided by OCTA. Required reporting data will include, but not be limited to, the following: A. Operational Reports • Number of Trips by Category • Vehicle Service Hours • Vehicle Service Miles Operational reports are due thirty (30) days after the end of the service month. B. Financial Reports • Program Cost Detail by Expense Category and % of Total Operating Cost • Fares, Fees and Other Operating Revenue • Participating City and Eligible Agency Total Contribution & Source • Participating City and Eligible Agency Share as % of Total Operating Cost • Cumulative Participating City and Eligible Agency Share to Date • OCTA Contribution • OCTA Contribution as % of Total Operating Cost .1 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT1 • Cumulative Contribution Received from OCTA • Total Monthly Program Operating Cost • Cumulative Total Program Operating Cost Financial reports are due sixty (60) days after the end of the quarter. Reports must be certified by the participating city and eligible agency's Finance Director or Finance Director's financial designee. Participating cities and eligible agencies shall be required to maintain supporting documentation to substantiate reporting data. Supporting documentation may include, but is not limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance records/receipts. C. Annual Questionnaire and Document Request AQDR Participating cities and eligible agencies shall certify their compliance with these Guidelines annually by having their City Manager or City Manager's department director designee sign a completed version of a questionnaire sent out by OCTA. Jurisdictions shall also submit all compliance -related documents requested by OCTA. Completed AQDRs must be submitted to OCTA within ninety (90) days of the end of the fiscal year reported upon. Failure to meet the established reporting deadlines for any of these reports may result in future withholding of funding and/or other sanctions to be determined. 16.0 Audits & Inspection of Records M2 funding is subject to audit. Participating cities and eligible agencies shall maintain program documentation and records for a period of no less than five years. Program documents and records, including but not limited to payroll, trip sheets, invoices, vehicle maintenance, fuel, and other program -related expenses, shall be available for review by OCTA SMP administrators, auditors, and authorized agents upon request. Participating cities and eligible agencies must follow established accounting requirements and applicable laws regarding the use of public funds. Failure to submit to an audit in a timely manner may result in withholding or loss of future funding. Failure to comply with the approved Service Plan will require remediation which may include repayment, reduction in overall allocation, and/or other sanctions to be determined by the OCTA Board of Directors. Audits shall be conducted by the OCTA Internal Audit Department, or other authorized agent, as determined by OCTA. COOPERATIVE AGREEMENT NO. C-1-3248 EXHIBIT A ATTACHMENT 1 OCTA's failure to insist in any one or more instances of a participating city and eligible agency's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the participating city and eligible agency's obligation to comply with these guidelines. Moreover, only the OCTA Board of Directors shall have the authority to alter and/or waive any requirements/obligations set forth in these guidelines. VA Orange County Transportallon AmMorniy ACCESS PREOPERATION INSPECTION DEFECT REPORT Bus/Van No. Date: Federal RegW06ons state that no motor vehicle canymg passengers for hate Shat be dMVn unless rhe driver haS determined that the tofowrng parts and accessories aro in good wo*mg order Each driver a regwmd to subm'f a slgrled wriven report daly for each coact; driven 1st Driver. Miles Finish: Mites Start: Miles Elapsed No Defects: O Defects: O Signature: 2nd prim: Miles Finish: Miles Start Maes Elapsed: No Defects: O Defects: O Signature: 3rd Drtver Wiles Finish: Miles Start: Miles Elapsed No Defects O Detects: O Signature PREOPERATIONS INSPECTIONS Inmate PAM an (x) that each Rem has been 0hecked: AMIPM AM/PM _! TtreVLug Nuts (wheels 8 rims) _/_ Emergency Reflectors J_ Motor Cward ! Tum Signal SwgcwHom f_ Air System /_ First Aid IQ L4hts/Reflectors _/_ Radio Wheekhw Lilts _!_ Driver's SeauBo Wheelchair Lqt Cover ! Door Interlock / Minor _/ W/C Tie Down Straps _/_ Windshield WrperalWashers _!_ Manuel LrR Bar _1 Fire Extir pmher _!_ Conduct Walk Around _/_ Steering Mechanism _I_ ParkntyBrakes/Servoce Brakes DEFECTS: InQYate with an (x) defecove items" (Explain in petal# _ Brake Fluid Leake _ Light On: _Hot Ergirne9lNater Leaks _ SottMard Brakes Not Applied_ Low OWN Leaks _ Pug to L/R _ LWd On: _ Starts Hard Ck. Lght _ SMWWQ Bus Stopped _ _ Emergency Brake _ Ugtd Not On: _ kOes RouphMrbratbn _ Omer -ciplain Brakes Appfed _ Exhaust. Vacuum Leaks TRIMA"f= Bus Moving _ Fuel Leaks/LPC✓Gas — Fig AIC ¢r MTM — Cow. Qmom _ Embedded Obpect _ Off TRANWSSrory _ Cut _ Too Cold/Hot _ Wont Go Into Gear _ Smooth/Cord _ Defroster Defect _ SkpVGn nds&urches _ LF RF RRl RAO LRI LRO _ V11103b0n (Bbwers) _ Excesses! Norse _ Loose Missing Lugs _ Fumes _ Leaks _ Otf+a - cin _ COW- + _ Drive Lux Vreraw LOW$ Rear End Noise _ Interior _ Ektetior Locatiari: *7NQ0 — slow Inoperative S7EE tNGR _ Hard/BmOs _ _ _ Leaks Air _ Shm-y _ Exeeswde Play MM= tXFAhR lIYESS — Excesa ve Play — Other • Own —Other-explain ELECTROM _Interior _ E4ww — Emergency Releases Generator/starter _ FloorY�7 C141" UFT — _ Tum SVwwFlashers _ Windows _ Will Not Fold Out Mom Seat Condition _ Will Not Lower/Raise _ Fare Bot biptaun: _ No Restraint DowNUp _ _ Ins4lp *nWGauges — Ulf Win Not Fold Into _ Fuel. Oil. Amp Weter Bus _Scats _ Handrails _Modesty Panels COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT 2 tdUUY DAMAUt:: Circle and describe any damage to a bus on dmagrarr. of 1ronVrear and two side views Description rrr��l, Description Q4 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 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT 3 Senior Mobility Pro ramA OCGO k OCTA Monthly Reporting Form Agency Information Service for the - Participating Agency: Agency Contact Name: Contact Number/ Email: Operational Data Month of: July Year of: 2021 I Declaration and Submission Confirmation Agency hereby certifies that this report is a complete and correct statement of the program's operating data. Submitted By: Signature: Date: 11 THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH Please send this report by email to CTSPROGRAMS@OCTA.NET. One- Wa Trips Service Hours Service Miles Trip CategoryCateggry Jul 2021 FYTD Jul 2021 FYTD Jul 2021 FYTD Senior Center Medical _ Nutrition Shopping Personal Care Social & Recreational Amusement Park Aquarium /Zoo Beach / Park Charity -Social Group Event Community -Cultural Event Education / Employment Family -Friends Funeral/ Memorial Service Government Office / Service Library / Museum / Historical Site Movies / Theater / Concert Religious Institution _ Restaurant Sporting/ Fitness Transit Center/ Hub Total I Declaration and Submission Confirmation Agency hereby certifies that this report is a complete and correct statement of the program's operating data. Submitted By: Signature: Date: 11 THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH Please send this report by email to CTSPROGRAMS@OCTA.NET. COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT A ATTACHMENT 3 Senior Mobility Program OIN,CGO I11 Monthly Reporting form Agency Information Service for the - Participating Agency: Agency Contact Name: Contact Number/ Email: I Financial <Summaries weer rax Dollars ar work OCTA Month of: July Year of: 2021 Above Total Expenses Paid By... Jul 2021 % of Total FYTD Cost Cate o Cost % of Total Cost % of Total Direct Cost: Contracted Services Total Contributions 0.0% $ - 0.0% Direct Cost: In -House labor Transportation Fees / Rider Fares 0.0% $ - 0.0% Direct Cost: Vehicle Expenses Title IIIB Funds 0.0% $ - 0.0% Direct Cost: Marketing/ Outreach Other: 0.0% $ - 0.0% Subtotal Direct Costs $ - - $ - - Indirect Costs? ❑ Yes $ - 0.0% $ - 0.0% Total Expenses $ - 0.0% $ - i 0.0% Above Total Expenses Paid By... Jul 2021 % of Total FYTD % of Total OCTA Contribution Agency Contribution $ - $ - 0.0% 0.0% $ - $ - 0.0% 0.0% Total Contributions $ - 0.0% $ - 0.0% Above Agency Contributlon Sources Jul 2021 % of Total FYTD % of Total General Fund / In -Kind 0.0% $ - 0.0% General Donations 0.0% $ - 0.0% Transportation Fees / Rider Fares 0.0% $ - 0.0% Title IIIB Funds 0.0% $ - 0.0% Other: 0.0% $ - 0.0% Other: 0.0% $ - 0.0% Other: 0.0% $ - 0.0% Total Agency Contributions $ - 0.0% $ - 0.0% Declaration and Submission Confirmation Agency hereby certifies that this report Is a complete and correct statement of the program's financial data. Submitted By: Must be by the Finance Director or Designee Signature: Date: =THIS REPORT IS DUE NO LATER THAN 60 DAYS AFTER THE END OF THE SERVICE QUARTER Please send this report by email to CTSPROGRAMS@OCTA.NET. COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT B National Drug -Free 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 $900,000), 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: 03/03/2010 COOPERATIVE AGREEMENT NO. C-1-3246 EXHIBIT B 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 75, 1990 & the Federal Acquisition Streamlining Act of 1994 (FASA). Page 2 of 2 Revised:03/03/2010 STATE OF CALIFORNIA } COUNTY OF ORANGE ss. 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; the foregoing resolution, being Resolution No. 2021-66 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 271h day of July, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 281h day of July, 2021. FEW lu rtamz O Leilani I. Brown City Clerk Newport Beach, California F- c��FoaN%