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HomeMy WebLinkAboutC-4852 - Cooperative Agreement C-1-2482 for Senior Mobility ProgramT 1 U 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 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-2482 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR SENIOR MOBILITY PROGRAM ilk— THIS AMENDMENT NO. 1 is made and entered into this a day ofJ u1 2016 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Newport Beach (hereinafter referred to as "CITY"). RECITALS WHEREAS, by Agreement No. C-1-2482 dated June 27, 2011, AUTHORITY and CITY are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services; 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 the M2 Project U SMP Funding and Policy Guidelines ("Guidelines'); and WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through June 30, 2021; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Amendment No. 1 to Cooperative Agreement No. C-1-2482 is hereby amended in the following particulars only: 1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to this Amendment. Page 1 of 3 AMENDMENT NO. 1 TO AGREEMENT NO. C-1-2482 1 2 2. Amend ARTICLE 4. TERM OF AGREEMENT: Page 5 of 9, line 23 to delete 3 "June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021." 4 3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECORDS: Page 6 of 9, line 25, to 5 delete "four (4) years' as the period for audit and inspection record, and in lieu thereof insert 6 "five (5) years". 7 4. Amend ARTICLE 11. CONFLICT OF INTEREST: Page 7 of 9, line 24, to delete "ARTICLE 8 11" and in lieu thereof insert "ARTICLE 12". 9 5. Amend ARTICLE 12. CODE OF CONDUCT: Page 8 of 9, line 7, to delete "ARTICLE 12" 10 and in lieu thereof insert "ARTICLE 13". 11 6. Amend ARTICLE 13. FORCE MAJEURE: Page 8 of 9, line 12, to delete "ARTICLE 13" and 12 in lieu thereof insert "ARTICLE 14". 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 ! Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G Iii 25 26 AMENDMENT NO. 1 TO AGREEMENT NO. C-1-2482 The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement No. C-1-2482 shall be made effective on July 1, 2016. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-1-2482 to be executed on the date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By By Diane .Dixon Darrell Johnson Mayor Chief E4cyative Officer By 't-_ , 1! APPROVED AS TO FORM: City Man ge " By lA A�4lEZ ��`_ i �e✓ By f James M. Donich Aaron C. Harp (,e� v.27. 6 General Counsel City Attorney APPROVED: l/� n ��/j By �tI/ V V V `� I' L it ni I. Brown Beth McCormick City Clerk General Manager, Transit Page 3 of 3 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Attachment 1 to AMENDMENT NO. 1 TO AGREEMENT NO. C-1-2482 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the following: 1. Services provided under the Senior Mobility Program are available to individuals 60 years of age and older. 2. Funds for the program are identified as one percent (1%) of Renewed Measure M (M2) net sales tax 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, basis. 4. All active participants will receive their portion of funding on a bi-monthly B. AUTHORITY agrees that Net Revenues allocated shall be expended within three years of receipt. AUTHORITY may grant an extension to the three-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, based on availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY. ARTICLE 3. RESPONSIBILITIES OF CITY A. CITY agrees that all funds received from AUTHORITY as specified in Article 2.A. above will be used exclusively for providing accessible senior transportation services as specified in Exhibit A entitled "Senior Mobility Program Service Plan." Page 1 of 4 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 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C-1-2482 B. CITY will ensure the Service Plan is adopted by their governing board in accordance with Section 7.0 of the SMP Funding and Policy Guidelines. C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula allocation for this program. D. CITY agrees to comply with all provisions of the SMP Guidelines included as Exhibit B. E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. F. In the event the time limits for use of Net Revenues are not satisfied, 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. G. CITY agrees to match a minimum of twenty percent (20%) of the total annual program expenditures. Local match may be made up of cash -subsidies, fare revenues, donations, or in-kind contributions, such as salaries and benefits for the CITY employees who perform work on the program. H. 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. I. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall provide the following insurance coverage: Page 2 of 4 1 2 3 4 5 RE 7 FE 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 Attachment 1 to AMENDMENT NO.1 AGREEMENT NO. C-1-2482 1. Commercial General Liability, to include Products/Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000.00 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; 4. Employers' Liability with minimum limits of $1,000,000.00; and J. 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. K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement Number C-1-2482; and, the Senior Contract Administrator's Name, Sue Ding. L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior Mobility Program. CITY shall submit monthly summary report by the end of the following month as specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this Agreement, which is incorporated into and made part of this Agreement. M. CITY shall adopt an annual Expenditure Report to account for Net Revenues and funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. The Expenditure Report shall be submitted by the end of six (6) months following the end of the jurisdiction's fiscal year and include the following: Page 3 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C-1-2482 1 1. All Net Revenue fund balances and interest earned. 2 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 3 program or project. 4 N. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY 5 agrees to transfer vehicle title and registration within fourteen (14) calendar days from taking 6 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 7 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) calendar days 8 from taking possession of the vehicle. 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 4 of 4 MSenior 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 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 Date 4-6-16 Program Contact Susie DiGiovanna Phone 949-718-1825 Email sdigiovanna@newportbeachca.gov Service Description: 1. Program goals and objectives: The goal of the OASIS transportation program is to provide transportation for city residents who are over 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 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 Atzhetmar's Disease, Parkinson's, 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, 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. 10-14 M 2. Indicate how SMP service will be operated: (Please check all that apply) 571 Directly -Operated = Contract Service Provider = Volunteers = Subsidized Taxi Program = Other (Please Describe) 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 thatapply) Senior Center F�q PersonalCare FTNutrition = Shopping EZIMedical F71 Social / Recreation (Please Describe) Church, YMCA, Restaurant, Gym, 10-15 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? aYes Q No If yes, please list the trip purpose and destinations: (e. y, medical trips to the VA Hospital in Long Beach) S. 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. 6. Number of vehicles: 6 7. Projected annual ridership: 15,000 1.1 Source(s) of 20 percent match funding: City of Newport Beach, Hoag Hospital, Friends of OASIS 10-16 Program Requirements: 1. Jurlsdiction/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, Z, Jurisdictlon/Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used In the Senior Mobility program, including, ata 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. Jurisdittlon/Agency will establish and implement an alcohol and drug program that compiles 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, Jtuisdiction/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: DIANE B. DIXON Name: Beth McCormick Title: MAYOR Title: General Manager, Transit CITY OF NEWPORT BEACH 10.17 EXHIBIT B Senior Mobility Program Project U Funding and Policy Guidelines March 2016 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 local jurisdictions based upon their senior population. One percent of M2 net revenue is used to fund the program and local jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. The Orange County Transportation Authority (OCTA) Board of Directors approved these guidelines on March 28, 2016. The purpose is to provide structure and definitions for all eligible M2 jurisdictions receiving SMP funding. OCTA shall enforce the provisions spelled out in these guidelines. 2.0 Objectives ■ To provide for local, community-based senior transportation services. ■ To allow local jurisdictions to develop and implement senior transportation services to serve their community. • To provide transit options for seniors which complement rather than duplicate OCTA fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Local jurisdictions 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. Local jurisdictions 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 5:\TEMP\Sue D\Agencies\5MP-Attachment B.docx 11 Page IN EXHIBIT B 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 local jurisdictions based 'upon the participating jurisdiction's 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 years of receipt. OCTA may grant a two-year extension beyond the three-year expenditure limitation; however, an extension may not exceed five years from the date of the initial funding allocation. Jurisdictions requesting an extension beyond the three-year limitation must submit a justification letter for review and approval by OCTA at least 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 jurisdiction, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating jurisdictions must provide a minimum 20 percent 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 jurisdiction's employees who perform work on the program. Jurisdictions may also be required to submit supporting documentation to substantiate local match expenditures. Jurisdictions are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent match requirement must be met by the end of each fiscal year, defined as June 30. Jurisdictions not satisfying the annual 20 percent 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. S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx 21 Page EXHIBIT B Example; Total Program Expenditures $100,000 Total M2 Funding Allocation $ 80,000 20% Required Match . $ 20,000 Actual Reported Match $ 15,000 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 60 years of age and older. Jurisdictions 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. Jurisdictions should use discretion when providing trips for social/recreational activities when developing their Service Pian to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately 10 miles of the Orange County border. Jurisdictions 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 jurisdiction must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Jurisdictions 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. Jurisdictions will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Jurisdictions 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. Jurisdictions may receive retired OCTA ACCESS paratransit vehicle(s) to support their senior transportation program. Additional retired ACCESS vehicles may be _-3.1-Page S,\TEMP\Sue D\Agencies\SMP-Attachment B.doa EXHIBIT B purchased, based on availability, for a cost equivalent to the refurbishment costs incurred by OCTA. 7.0 Service Plan Adoption Participating jurisdictions shall submit to OCTA a SMP Service Pian which defines program services (Exhibit A). The Service Plan must be submitted using a template provided by OCTA and must be adopted by the jurisdiction's governing body and approved by the OCTA Board of Directors. Any deviation from the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval and will require an amendment to the cooperative funding agreement prior to implementing a change in program services, 8.0 Eligible Expenses Participating jurisdictions 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. Jurisdictions shall ensure all costs are program -related and are fair and reasonable. Administrative costs up to 10 percent are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by a jurisdiction for otherthan transportation purposes authorized in the M2 Ordinance, 9.0 Program Revenue Participating jurisdictions 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 jurisdiction's 20 percent local match requirement. 10.0 Reporting Participating jurisdictions are required to submit monthly reports using a reporting template provided by OCTA (Exhibit B). Required monthly reporting data may include, but is not limited to, the following: o Number of Trips by Category o Vehicle Service Hours o Vehicle Service Miles 41 Page 5:\TEMP\Sue t1W6enUes\SMP-Attachment B.docx EXHIBIT B o Program Cost Detail by Expense Category and % of Total Operating Cost o Fares, Fees and Other Operating Revenue o Jurisdiction Total Contribution & Source o Jurisdiction Share as % of Total Operating Cost o Cumulative Jurisdiction Share to Date o OCTA Contribution o OCTA Contribution as % of Total Operating Cost o Cumulative Contribution Received from OCTA o Total Monthly Program Operating Cost o Cumulative Total Program Operating Cost Jurisdictions shall also 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. Reports are due by the last day of the following month. A preliminary report may be submitted; however, submission of a final report is required within 15 days of the last day of the following month. Failure to meet the established reporting deadline for two months at any time during the fiscal year may result in future withholding of funding and/or other sanctions to be determined. 11.0 Audits & Inspection of Records M2 funding is subject to audit. Jurisdictions 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. Jurisdictions 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. OCTA's failure to insist in any one or more instances of ajurisdiction's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the jurisdiction'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. ---- - - --.... _....-._........ SjPage 5:\TEMP\5ue D\P.¢encies\SMP-Attachment B.docx Senior Mobility Program EXHIBIT ocrA Monthly Reporting Form Service for the- Month of: July Year of: 2016 Program Name: Participating Agency: Agency Contact: Contact Number: TnpCategory, n - Senior Center • One Way T[tps ,- _' Service Hours ' Service Miles (Ju12016 {- FYTD Jul 2n16 - FYTO"Jill 2016 _ Service Contract Drivers/Operators/Dispatchers Vehicle Maintenance/Fuel/Insurance Marketing Outreach Admmfstrabon Medical 0.0% 0.0% 0.0% 0.0% -0.0% $ - $ - $ - $ - $ - — 0.0% 0.0% 0.0% 0.0% 0% — OCTAContribution $ - 0.0% Shopping 0.0% Agency Contribution $ - 0.0% $ - 0.0% Personal Care $ - 0.0% _ 0.0% Social / Recreational - - �a Source(s) of Agency Contributions: Agency hereby certifies that this report Is a true, complete and correct statement of program revenue, costs and operating data. Please send this report by email to CTSPROGRAMS@OCTA.NET or byfax to 714-560-5927. If there are any questions, please contact JOANNE JACOBSEN by email at JJAC0BSEN@OCTA.NET or JP GONZALEZ by email atJGONZALEZI@OCTA.NET. C st Gateggcy , ° - Cost �= As a h Service Contract Drivers/Operators/Dispatchers Vehicle Maintenance/Fuel/Insurance Marketing Outreach Admmfstrabon $ - $ - $ - $ - $ 0.0% 0.0% 0.0% 0.0% -0.0% $ - $ - $ - $ - $ - — 0.0% 0.0% 0.0% 0.0% 0% — OCTAContribution $ - 0.0% $ - 0.0% Agency Contribution $ - 0.0% $ - 0.0% Program Revenue $ - 0.0% $ - 0.0% Source(s) of Agency Contributions: Agency hereby certifies that this report Is a true, complete and correct statement of program revenue, costs and operating data. Please send this report by email to CTSPROGRAMS@OCTA.NET or byfax to 714-560-5927. If there are any questions, please contact JOANNE JACOBSEN by email at JJAC0BSEN@OCTA.NET or JP GONZALEZ by email atJGONZALEZI@OCTA.NET. 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 tf COOPERATIVE AGREEMENT C -1 -2482 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH FOR SENIOR MOBILITY PROGRAM THIS AGREEMENT is made and entered into this 2'1- day of J^ �E 2011 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the state of California (hereinafter referred to as AUTHORITY "), and the City of Newport Beach, a California municipal corporation, 3300 Newport Boulevard, Newport Beach, California 92663 (hereinafter referred to as "CITY "). Herein, AUTHORITY and CITY are sometimes individually referred to as the "PARTY" and collectively as the "PARTIES." RECITALS WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Newport Beach; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY and CITY in executing a Senior Mobility Program for senior transportation; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on February 14, 2011; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: L:\Camm \C LE RI CAL \W ORDPROC W GREEWG 12482.docx Page 1 of 9 AGREEMENT NO. C -1 -2482 1 ARTICLE 1. COMPLETE AGREEMENT 2 A. This Agreement, including all exhibits and documents incorporated herein and made 3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior 5 representations, understandings and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s) or condition(s). 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of 8 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and 10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this 11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an 12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued 13 in accordance with the provisions of this Agreement. 14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 15 A. AUTHORITY agrees to provide funds per the following guidelines: 16 1. Services provided under the Senior Mobility Program are available to individuals 17 60 years of age and older. 18 2. Funds for the program are identified as 1% of Renewed Measure M (M2) net 19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's 20 respective percentage of the senior population for the entire county. 21 3. Senior population will be determined by using the most current official 22 decennial Census information provided by the U.S. Census Bureau. 23 4. All active participants will receive their portion of funding on a bi- monthly 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in Fiscal Year 2010 -11 as illustrated in Exhibit B, "Senior Mobility Page 2 of 9 L:\Camm \CLERICAL \W ORDP RO C W G REE W G 12482.docx AGREEMENT NO. C -1 -2482 1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds 2 to CITY in an amount no greater than FY2010 -11 funding levels less M2 SMP revenues for up to three 3 (3) years. Disbursement of TDA funds will occur with the last bi- monthly distribution of M2 funds during 4 the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years 6 of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 7 granted beyond a total of five years from the date of the initial funding allocation. 8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 11 allocation to any project within the same source program at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no Cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five 15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. 16 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions 24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 L: \Camm \CLERICAL \W OR DPROCAG REE\AG 12482, docx AGREEMENT NO. C -1 -2482 1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 2 any project within the same source program at the discretion of AUTHORITY. 3 E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation. 4 Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions. 5 F. CITY may contract with a third -party service provider to provide senior transportation 6 services provided that: 7 1. Contractor is selected using a competitive procurement process; and 8 2. Wheelchair accessible vehicles are available and used when requested. 9 G. CITY shall procure and maintain insurance coverage during the entire term of this 10 Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY shall 11 provide the following insurance coverage: 12 1. Commercial General Liability, to include Products /Completed Operations, 13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 15 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a 16 combined single limit of $1,000,000.00 each accident; 17 3. Workers' Compensation with limits as required by the State of California including a 18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 19 agents; 20 4. Employers' Liability with minimum limits of $1,000,000.00; and 21 5. Professional Liability with minimum limits of $1,000,000.00 per claim. 22 H. Proof of such coverage, in the form of an insurance company issued policy 23 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to 24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 26 employees and agents designated as additional insured on the general and automobile liability. Such Page 4 of 9 L: \Camm \CLERICAL \W ORDP ROC\AG REE\AG 12482. docx AGREEMENT NO. C -1 -2482 1 insurance shall be primary and non- contributive to any insurance or self- insurance maintained by 2 AUTHORITY. 3 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C -1 -2482; and, the Senior Contract Administrator's Name, Pia Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six '(6) months following the end of the 12 jurisdiction's fiscal year and include the following: 13 1. All Net Revenue fund balances and interest earned. 14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking 18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking 20 possession of the vehicle. 21 ARTICLE 4. TERM OF AGREEMENT 22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect 23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 25 / 26 / Page 5 of 9 L: \Camm \CLERICAL \W ORD P ROC\AG REE\AG 12482,docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -1 -2482 ARTICLE 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: City of Newport Beach Recreation and Senior Services P.O. Box 1768 Newport Beach, California 92658 -8915 ATTENTION: Laura Detweiler To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, California 92863 -1584 ATTENTION: Pia Veesapen (949) 644 - 3157 (714) 560 - 5619 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS AUTHORITY and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California State and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 7. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or incorporated by reference. ARTICLE 8. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also L:\Camm\CLERICAL\WORDPROC\AGREE\AG12482.docx Page 6 of 9 AGREEMENT NO. C -1 -2482 1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 2 documents by any means whatsoever onto copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. The PARTIES herein shall each indemnify, defend and hold harmless the other 9 PARTY, its officers, directors, employees and agents from and against any and all claims (including 10 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily 11 injuries, including death, damage to or loss of use of property caused by the negligent acts, 12 omissions, or willful misconduct by such other PARTY, its officers, directors, employees, agents, 13 subcontractors or suppliers in connection with or arising out of the performance of this Cooperative 14 Agreement. 15 B. Each PARTY shall maintain adequate levels of Insurance, or self- insurance to assure 16 full indemnification of the other PARTY. 17 ARTICLE 11. ALCOHOL AND DRUG POLICY 18 A. CITY agrees to establish and implement an alcohol and drug program that complies with 19 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this 20 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 21 compliance with sections 701 -707. 22 B. Failure to comply with this Article may result in nonpayment or termination of this 23 Agreement. 24 ARTICLE 11. CONFLICT OF INTEREST 25 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 26 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to Page 7 of 9 L: \Camm \C LERI CAL \W ORDPROC\AG REE�AG 12482. docx AGREEMENT NO. C -1 -2482 1 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work 2 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive 3 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 4 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 5 pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this 6 Agreement. 7 ARTICLE 12. CODE OF CONDUCT 8 CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party 9 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 10 include these requirements in all of its subcontracts.. 11 ARTICLE 13. FORCE MAJEURE 12 Either PARTY shall be excused from performing its obligations under this Agreement during 13 the time and extent that it is prevented from performing by a cause beyond its control, including, but 14 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 15 or facilities by the federal state or local government; national fuel shortage; or a material act of 16 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 17 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 18 not due to the fault or negligence of the PARTY not performing. 19 20 21 22 23 24 25 26 Page 8 of 9 L \Camm\ CLERICAL \WORDPROC\AGREE\AG12482,docx 1 2 3 4 5 6 7 J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 99 26 AGREEMENT NO. C -1 -2482 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on July 1, 2011. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C -1 -2482 to be executed on the date first above written. CITY OF NEWGORT BEACW ORANGE U ITY RANSPO TATI� ION AUTHORITY By / By �1(�V__ Michael F. Henn Will Kempton Mayor Chief Executive Officer � ♦l. „-1 AP PR�Ol/VFz,1�D�AS � ^TO ' „ F/ORN By Ljdvuc n i�— Kennard R. Smart, Ju City Manager General Counsel ATTEST: - - n � APP OV By , /1_y I By jI City Clerk Beth McCormick General Manager, Transit ;r. .nom L: \Camm \CLERICAL \WORDPROC\AGREEWG 12482.docx Page 9 of 9 AGREEMENT NO. C -1 -2482 EXHIBIT A SCOPE OF WORK Senior Mobility Program 1. The City of Newport Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • The City shall use City's funds to purchase any necessary vehicles for the program. • The service shall be used to transport seniors to medical appointments, grocery shopping, banking; to the Senior Center and other necessary errands. • The service is available for Newport Beach residents age 60 and over, living in a private residence that are no longer able to drive. • The service is available Monday through Friday between 7:45 a.m. and 4:45 p.m. • The fee charged for the service shall be $1.50 each way to the OASIS Senior Center and $3.00 each way to other destinations. 2. In the event that the City decides to utilize outside contractors for service, the City shall follow competitive procurement practices in selection of vendors for all services, which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City does not wish to utilize retired OCTA ACCESS vehicles, except when its own vehicles are out of service for an extended period of time and a long term loaner vehicle is needed. City may opt to obtain a vehicle(s) during the course of the contract. Additional vehicles may be purchased from OCTA for $5,000 each. The cost of any additional vehicles shall be deducted from the next fiscal year allocation.. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform maintenance of all its vehicles in the Senior Mobility program, including, at a minimum: • Daily pre -trip inspections that meet or exceed the guidelines provided in the attached Pre - Operation Inspection & Defect Report (Attachment 1) • Scheduled preventative maintenance, performed according to the specifications for the vehicle that will meet or exceed the guidelines as prescribed by City Vehicle Maintenance personnel, the Department of Transportation (DOT), and the attached Senior Mobility P.M. Checklist, including the maintenance of all accessibility features of the vehicles. (Attachment 2) • The City shall maintain maintenance records for each vehicle for 5 years. -t - AGREEMENT NO. C -1 -2482 EXHIBIT A 5. The City shall ensure that its operators are properly licensed and trained proficiently to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance shall be included in this training. 6. The City shall submit a monthly report to OCTA's Community Transportation Services which includes, at a minimum, a monthly and fiscal year -to -date summary of service and expenditures. 7. In the event that the City uses a contractor for this service, the City shall ensure that it maintains adequate oversight and control over all aspects of service that are provided by a contracted vendor. -2- Attachment S Pre- Operation Inspection & Defect Report BDsrVan No. Date Federal Regutatwns stare that no motor vehjcfo carrying passengers form: a Shag be driven V. -Mess the Wirer has oer8ori mar the maowrng parts and a cesscries are in good Working order Each driver is : eouired io Subn f a s r,ed Written report daily for each coact) driver, far Driver: Files Fm:sh: Miles Star:.. Miles Elapsed No Defects, O Defects: 0 Signature 2nd Driver: Mies Finish. Miles Start' Miles Elapsed' No Defects. O Defects: E) Signature: 3rd Driver _ Miles Finish Miles Start - Miles Elapsed No Defects C Defects' ❑ Signature- PREOPERATIONS INSPECTIONS L:2cale with an (x) that each gem has been checked' AWPM AWPM TiresrLug. Nuts (wheels S rims) _/_ Emergency Refleclas _r_ _i Motor -Guard _/_ Turn Signal Switch/Hm O _!_ Air System ! First Aid K^. _f UghtsrReflectWs r Radio Wheelchair Lifts I Drivers Seat/Bet Wheek-ha:r LiR Cover 1 Odor interlock' F Mirrors —1— Tie Down Straps i WindsNekf Wipers/Washers _/_ Manual Lift Bar Fire Extinguisher _/_ Conduct Walk Around. Steering Mechanism _/_ ParkinglBrakes/Sennce Bakes DEFECTS. indicate with an (x) derecOve gems only: (Expiain.in Detahq BRAKES _ Base FL,.d Leaks. _ Sof h-lard Pull to L/R _ Dragging _ Sr:wiu:g _ Emergency Brake _ Other - e #m TIRESN/HEELS _ Fen _ Embe0.:ed O'gecl _ Ca SmoctWCord -_ LF RF RKi FRO LRI L ^0 Loose Missing Lugs _ Omer - expain :1GK S _ 1-.ter;La _ Extent _ L ocatw yttirCLE CL EANL!NESS _ Interior Exterior Fkxx .$'indo -'Seal Cdndroon - xF'l =' RETARDER _ Light On' Brakes A'at Apptled _ Light On: Brakes Apoed, Bus Stopped _ Light Not On: .Brake$ Applied. Bus Moving AiC a HEARNG _ Off _ Too Cd[atfa _ Defroster Defect _ Ven nation (81at2rs) Fumes — Onxr- .explan EN'rRANCE/EXlr DOORY WINDOWS _ Slow _ hopera ;;+e _ Leaks Air _ Excessive Play _C_rxx-ex#3in _ Emergency Releases WNEELC1A0P f. _ VC.11 Not Fdd Ceit _ WF :Not LowedRaise _ No Res:rart 0cvrtv1--n Li` WT NC� Fold Into Bus ENGINE Hot Engine Water Leaks _ Lox Cr "Oil Leaks _ Starts Hard _ No Power /Eng. Ck, Light _ Smokes _ Idles Roug.'Wibration _ Exhaust. Vacuum Leaks _ Fuel Leaks/LPG /Gas _ Other - explasi MANSMISSION WWI Go into Gear _ SlipslGdnds'Lurches _ Excessive Norse _ Leaks _ Drive Line Voratiot _ Rear End Noise STEERING _ HarcV5:nds _ Shimmy _ Escessive.Play _ Other - exFtan &—FCTRKAL ECUFPMENT Generate! /.'Starter Turn SigmisrFasners Han Fare Box ins7rnments`Gauges FunL Od, Amp Meter U-N, _ Seats _ Hundrans _ Mocesty Pa: -.eK BVUY UAMAIit- v"C.'e df fror!'u'rear ann !Wp sine News I Wit o .� 7j� 0 o escr;ol on Descr:pt:on 0 Description.. .OPERATOR(S): IMPORTANT' Help expedite repairs oy providing necessary information regarding defects' Please pnc: REPAIRS MADE: ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED: $V]Bn+s C'S ay reNrc 'u aln Attachment 2 Senior Mobility P.M. Check List Inspection Date Bus# TERMINAL workorder# lCurrent Mileage Last inspection miles A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between B. Check files and open workorders 9 1; C. Interior Y v E. Under hood Y 1 Entry door operation and seals 2 Temperature and oil warning devices 3 Neutral safety system 4 Horn, gauges and dash lights 5 Heater, defroster and fan 6 Windshield wipers and washer 7 Indicator lights 8 Throttle operation 9 Steering free play In. 10 Applied and unapplied brake test for vacum loss 11 Interior lights 12 Windshield and window glass condition 13 Window mechanism and seals 14 Seat condition 15 Interior body, floor and stantions 16 Fire extinguisher date and bracket 17 Road warning devices 18 First aid kits 19 Emergency exits operation, warning devices and signs 20 Interior clean. 21 Back up alarm D. Exterior Y � 1 All exterior lights and signals 2 Mirror condition and mounting. 3 Record body damage 4 Bumper bolts 5 Paint lettering and appearance 6 Emergency exits 7 Axle flange and lug nuts, oil hubs 8 Tire side wall condition, cracked wheels, valve stem 9 Valve stem cap, alignment of rear duels 9 Tread depth 11 LF RF LRO T2 LRI RRO RRI 10 Tire inflation: Record and inflate 14 LF RF LRO 15 LRI PRO RRI 1 Check for visible leakage 2 Engine oil level 3 Transmission fluid level and condition 4 Brake Fluid 5 Power steering fluid 6 Check all belts 7 Component and accessory mounting 8 Check all hoses and routing 9 Coolant level and protection c/f ph 10 .Pressure test cooling system 11 Water pump and fan clutch play T2 Airfilter condition - check restriction gauge TT Check exhaust system 14 Battery fluid level and mounting 15 Clean battery and connections 16 Drain fuel /water separator F. Under Bus Y Q, 1 Kingpin and wheel bearing play 2 Tire wear, condition and matching 3 Leakage at backing . plates and wheel seals 4 Steering box, mounting, leakage, looseness and leaks 5 Front shocks and mounting 6 Front springs, bushings 7 Engine leaks, lines, filters, hoses and engine mounts 8 Starter and connections 9 Exhaust system and mounting 10 Transmission mounted parking brake 11 Transmission leaks 12 Output shaft play 13 Driveshaft guard, U joints and retarder 14 Body hold downs and insulators 15 Wiring along frame 16 Differential leaks, Fluid level 17 jPinion play 18 Breather vent 19 Rear shocks and mounting 20 Rear springs, bushings and U bolts 21 Leakage at backing plates and wheel seals 22 Fuel tank straps and lines 23 Tail pipe hangers 24 Lube entire chassis 25 Check drag link, tie rods and idler arms Attachment 2 D. Brakes Senior Mobility P.M. Check List Q a x v D. Lift Inspection 1 Visible and audible leaks 2 Check all lines along chassis 3 Check brake booster and hoses 4 Hydraulic lines 5 Check micro switches and electrical wiring 6 Remove wheels and check the following items 5 Pads and rotors 6 Check pins and caliber's 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic 6,000 miles- inspectiontoil change 30,000 Transmission service 60,000 Differential service Inspection d x a 1 Check lift for proper operations 2 Inspect for stress, cracks, mounting and alignment 3. Check pins 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring 6 Check all system covers and warning signs 7 Check safety barrier 6 Lube complete lift 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place Signature of Supervisor AGREEMENT NO. C -1 -2482 EXHIBIT B Senior Mobility Program Allocation FY2010 -11 Transportation Development Act Article 4.5 Funds r i o Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Seal Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 40,913 Total (Current Participants) $ 1,672,472 AGREEMENT NO. C -1 -2482 Senior Mobility Program Monthly Reporting Form EXHIBIT C FA Monthly Reporting E -Form Service for the Month /Years of: Program Name: City or Organization: Contact Person: Contact Number: Details Trip Category One -Way Vehicle Service Vehicle Service Passenger Trip Hours Mites Nutrition Trips: Medical trips: Shopping trips: Other trips: (Please specify trip type below ") Totals: 011 0 0 Summary OCTA Monthly Contribution Amount: City Monthly Contribution Amount Total Operation Cost for Month: Source of City Contributions: 'Please specity other trip es being provided to seniors in this space: Please provide the requested Infomlation and submit the completed form to OCTA. Attention Jessica Deakyne /Community Trarepohelion Coordinator. by small to ldeakyne ®octa.not or by FAX to (714)560 -5927. "'By the 15th day of the month following the reporting month"' Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form. TR- 00 -086,doc (09118108) page 1 of 1 AGREEMENT NO. C -1 -2482 EXHIBIT D °® 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 $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug -free workplace in compliance with the Drug -Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above- described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised:. 0310312010 AGREEMENT NO. C -1 -2482 EXHIBIT D Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug -free awareness program to inform employees of the dangers of drug abuse; the company's drug -free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and /or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good- faith" effort to comply with all of the requirements as set forth in the Drug -Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a Jack 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