HomeMy WebLinkAboutC-8745-1 - Cooperative Agreement C-1-3246 for Senior Mobility1
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COOPERATIVE AGREEMENT NO. C-1-3246
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF NEWPORT BEACH
FOR
SENIOR MOBILITY PROGRAM
THIS COOPERATIVE AGREEMENT ("Agreement"), is effective this 211V' day of
Jm , 2021 ("Effective Date"), 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 (herein referred to as "AUTHORITY") and the City of Newport Beach,
801 Narcissus Avenue, Corona Del Mar, California 92625 (hereinafter referred to as "CITY") each
individually known as "PARTY" and collectively known as "PARTIES".
RECITALS:
WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and
WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
concerning senior transportation services; and
WHEREAS, this Agreement defines the roles and responsibilities of AUTHORITY and CITY in
executing an SMP 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 and CITY agree to comply with all elements of the SMP Project U
Funding and Policy Guidelines (SMP Guidelines); and
WHEREAS, AUTHORITY's Board of Directors approved this Agreement on
May 24, 2021;
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COOPERATIVE AGREEMENT NO. C-1-3246
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions) of this
Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
are true and correct and are incorporated by reference herein.
B. AUTHORITY's failure to insist on any instance(s) upon CITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
representative of AUTHORITY by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
be binding upon CITY except when specifically confirmed in writing by an authorized representative of
CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
this Agreement.
ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
A. AUTHORITY agrees to provide funds per the SMP Guidelines:
age and older.
1. Services provided under the SMP are available to individuals sixty (60) years of
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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."
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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
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COOPERATIVE AGREEMENT NO. C-1-3246
4. Employers' Liability with minimum limits of $1,000,000 per accident, $1,000,000 policy
limit -disease, and $1,000,000 policy limit employee -disease.
I. Proof of such coverage, in the form of an insurance company issued policy endorsement
and a broker -issued insurance certificate, must be received by AUTHORITY prior to commencement of
any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days
from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents
designated as additional insured on the general and automobile liability. Such insurance shall be primary
and non -contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also
include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts
required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other
project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess
liability policies.
J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
Number C-1-3246; and, the Associate Contract Administrator's Name, Luis Martinez.
K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees
to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the
vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title
and registration from AUTHORITY to CITY within thirty (30) calendar days from
taking possession of the vehicle.
ARTICLE 4. TERM OF AGREEMENT
A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect
through June 30, 2026 (Initial Term), unless earlier terminated or extended as provided in this Agreement.
B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an
additional five (5) years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term),
and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with
Exhibit A.
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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, postaqe 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. O. 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: Idetweiller 8newportbeachca. gov
E-mail: Imartinez I (cr)octa. 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.
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COOPERATIVE AGREEMENT NO. C-1-3246
ARTICLE 8. 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
I 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.
25 /
26 /
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COOPERATIVE AGREEMENT NO. C-1-3246
ARTICLE 11. ALCOHOL AND DRUG POLICY
A. CITY agrees to 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), which is attached to this Agreement
as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with
sections 701-707.
B. Failure to comply with this Article may result in nonpayment or termination of this
Agreement.
ARTICLE 12. FORCE MAJEURE
Either PARTY shall be excused from performing its obligations under this Agreement during
the time and extent that it is prevented from performing by a cause beyond its control, including, but
not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
facilities by the federal state or local government; national fuel shortage; or a material act of omission
by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and
provided further that such nonperformance is unforeseeable, beyond the control and is not due to the
fault or negligence of the PARTY not performing.
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Ks
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
Darrell E. Tohn.5on
By. �� By:Darrell E. Johnson (Sep 15, 202114:06 PDT)
Br d Avery Darrell E. Johnson
,,.Mayor Chief Executive Officer
ATTEST:
By: Alki.
Leilani Brown
City Clerk
APPROVED AS TO FORM
By:
Aaron C. Harp
City Attorney
APPROVED AS TO FORM:
By:Jnm•_sDorzLiJun _I'_108:53 'I
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
h`eGel_l 67
B ,len E. McCormick (Sep 14, 202115:14 PDT)
Beth McCormick
Executive Director, Operations
APPROVAL RECOMMENDED:
9HU94L L. 8"&K&r
By -Jennifer (Sep 14, 02115:36 PDT)
Jennifer L. Bergener
Chief Operating Officer, Operations/
Deputy Chief Executive Officer
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COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ni
Senior Mobility Program
OCTA Agency Service Plan
jurisdictions and agencies participating in the Orange County Transportation Authority
(OCTA) Senior Mobility Program (SMP) must complete the following Service PIan 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:
Date December 18, 2020
Phone 949-718-1825
Program goals and objectives:
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)
aDirectly -Operated
Subsidized Taxi Program
Contract Service Provider a Other (Please Describe)
Volunteers
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
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
Nutrition a Shopping
Medical Social / Recreation (Please Describe)
Churches, Fitness facilities, Restaurants
4. SMP Guidelines restricts trips outside of Orange 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
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
7. Projected annual ridership:
15,000
91
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.
5. 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
Name: Grace Leung
Title: City Manager
OCTA REPRESENTATIVE
Helen E. McCormick (Sep 14, 202115:14 PDT)
Name: Helen E. McCormick
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 1
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.
3
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ATTACHMENT1
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.
11
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ATTACHMENT 1
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.
15.0 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
61
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ATTACHMENT 1
• 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.
D
COOPERATIVE AGREEMENT NO. C-1-3246
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.
7
Orange County Transportation Authority
OCTA ACCESS PREOPERATION INSPECTION
DEFECT REPORT
Bus/Van No. Date:
Federal Regulations state that no motor vehicle carrying passengers for hire
shad be driven unless the driver has detemtined that the following parts and
accessories are in good wortang order. Each driver is required to submit a
signed written report daily for each coach driven.
fst Driver. _
Miles Finish:
No Defects: ❑
2nd Drivei,.
Miles Finish:
No Defects:
Mites Start:
Defects: ❑ Signature:
Miles Start:
0 Defects: D Signature:
3rd Drtver. _
Miles Finish:
No Defects: 0
Miles Start:
Defects: ❑ Signature:
Miles Elapsed:
Miles Elapsed:
Miles Elapsed:
PREOPERATIONS INSPECTIONS
Indicate with an (x) that each Rem has been crecked:
AWPM AM/FM
_!_ TiresiLug Nuts (wneels & nms) _!_
Emergency Reflectors
_!_ Motor -Guard _/_
Tum Signal SwitchiHom
! Air System _/_
First Aid IGt
_! Lights/Reflectors _/_
Radio
Wheelchair Lifts _/_
Driver's Seat/Bed
Wheelchair Lift Cover /
Door Interlock
_/_
Windshield Wipers/Washem _!_
Manual Lift Bar
_! Fire Extinguisher _/_
Conduct Walk Around
Steering Mechanism _/_
Parking/Brakes/Service
Brakes
DEFECTS: Indicate with an (x) defective items only: (Explain /n Detail)
¢RAKES RETARDER
ENGINE
_ Brake Fluid Leaks _ Light On:
_ Hot EngineMater Leaks
_ SoftfHard Brakes Not Appied _ Low Oil/Oil Leaks
_ Pull to UR _ Light On:
_ Starts Hard
_ Dragging Brakes Applied.
_ No Paver/Eng. Ck. Light
_ Smddng Bus Stopped
_ Smokes
_ Emergency Brake _ Light Not On:
_ Idles Rough/Vibration
_ Other -explain Brakes Applied,
_ Exhaust, Vacuum Leaks
TIRESAIWEEELS Bus Moving
_ Fuel Leaks/LPG/Gas
_ Ftdt ASC a KEA77NG
-
— Other expim
_ Embedded Object _ Off
TRANSUISS/ON
_ Cut _ Too Cold/Hot
_ Won't Go Into Gear
_ Smooth/Cord _ Defroster Defect
_ Slips/Grind Lurches
_ LF RF RRI RRO LRI LRO — Ventilation (Blowers)
— Excessive Noise
_ Loose Missing Lugs _ fumes
_ Leaks
_ Other -explain — Other- mom
_ Drive Line Vibration
UGHTs ENTRANCEIExIT DOORS(
— Rear End Noise
_ Interior WINDOWS
STEERING
_ Exterior _ Slow
_ Hard/Binds
_ Location: _ Inoperative
_ Shimmy
_ Leaks Air
_ Excessive Play
VEHICLE CLEANLINESS —Excessive Ptay_
Other-a�an
— Other -explain
IExterior
��air
_ Emergency Releases
Generator/Starter
_ Floor WHEELCHAIR LIFT
_ Tum Signals/Flashers
_ WirWows _ Will Not Fold Out
_ Hom
Seat Condition _ Will Not LowerlRaise
Fare Box
xplain; _ No Resb-,*t DowrdUp
_
— Instruments/Gauges
_ Lift Will Not Fold Into
— Fuel, Oil. Amp Meter
Bus
?AD10 — Seats — Handraiis
—Modesty Panels
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ATTACHMENT 2
dUUY DAMAUZ
Circle and describe any damage to a bus on diagram
of fronVrear and two side views
� � �Jf•�O�
427 a
Description
Description:
Cescriotion:
OPERATOR(S):
IMPORTANT! Help expedite repairs by providing necessary
information regarding defects! Please print.
REPAIRS MADE:
A_L i-�',:S =MPLETED - BUS SERVICED AND RELEASED:
Supervisor's Signazue
Da'-
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT A
ATTACHMENT 3
OCGOSenior MobilityProgram m
Local Tax Dollars at Work OCTA
Monthly Reporting Form
Information
Service for the -
Participating Agency:
Agency Contact Name:
Contact Number / Email:
_Operational Data
Month of: July
Year of: 2021
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:
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 -Way Trips
I Service Hours
Service Miles
Trip Category
Jul 20211
FYTDI
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
-
-
-
-
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:
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
Age
Senior Mobility Program OCGO /11
Monthly Reporting Form
Agency Information
Service for the -
Participating Agency:
Agency Contact Name:
Contact Number/ Email:
Financial Summaries
Local Tax Do/!ars of Work OCTA
Month of: July Year of: 2021
Above Total Expenses Paid By...
Jul 2021
FYTD
Cost Category
Cost
% of Total
Cost
% of Total
Direct Cost: Contracted Services
0.0%
0.0%
0.0%
$ -
0.0%
Direct Cost: In -House Labor
0.0%
0.0%
$ -
0.0%
Direct Cost: Vehicle Expenses
0.0%
0.0%
$ -
0.0%
Direct Cost: Marketing/ Outreach
0.0%
0.0%
$ -
0.0%
Subtotal Direct Costs
$ -
-
$ -
-
Indirect Costs? ❑ Yes
$ -
0.0%
$ -
0.0%
Total Expenses
$ -
0.0%
$ -
0.0%
Above Total Expenses Paid By...
Jul 2021
% of Total
I FYTD
% of Total
OCTA Contribution
Agency Contribution
$ -
$ -
0.0%
0.0%
$ -
$ -
0.0%
0.0%
Total Contributions
$ -
0.0%
$ -
0.0%
Above Agency Contribution 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 1116_ 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 CTSPROG RAMS @OCTA. NET.
COOPERATIVE AGREEMENT NO. C-1-3246
EXHIBIT B
— rational 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 $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: 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 25, 1990 & the Federal Acquisition Streamlining
Act of 1994 (FASA).
Page 2 of 2
Revised: 03/03/2010