HomeMy WebLinkAbout11 - CC-9 - Senior Transportation Programs (STP) - 5/18/2021
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 18, 2021 ITEM NUMBER: CC-9
SUBJECT: SENIOR TRANSPORTATION PROGRAMS (STP) AND NETWORK FOR
HOMELESS SOLUTIONS (NHS) TRANSPORTATION AWARD OF
CONTRACT
DATE: APRIL 15, 2021
FROM: PARKS AND COMMUNITY SERVICES DEPARTMENT
PRESENTATION
BY:
JASON MINTER, PARKS AND COMMUNITY SERVICES
DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
KEVIN STODDART, Recreation Supervisor
(714) 327-7561
RECOMMENDATION:
That the City Council and Housing Authority Board:
1. Approve and authorize the City Manager/Executive Director and the City Clerk to
execute a three (3) year Professional Services Agreement (PSA) for the Senior
Transportation Programs and NHS Transportation Program with CabCo Yellow, Inc.,
dba California Yellow Cab (CYC) at 520 West Dyer Road, Santa Ana, California,
92707 in the annual amount not to exceed $170,000 effective July 1, 2021 - June 30,
2024; and,
2. Authorize the City Manager/Executive Director and the City Clerk to renew the
agreement for two (2) additional one-year terms, upon mutual agreement of both
parties; and,
3. Authorize the City Manager/Executive Director and the City Clerk to execute future
changes and amendments to the agreement and allow up to an additional 10 percent
contingency of $17,000 annually, or total contract not-to-exceed $187,000 annually.
BACKGROUND:
The Costa Mesa Senior Center offers Senior Transportation Programs (STP) for Costa
Mesa residents aged 60 and older. The STP includes two components – the Senior Mobility
Program (SMP) and the Medical Transportation Program (MTP).
The Senior Mobility Program (SMP) provides transportation to and from the Senior Center
as well as for personal shopping trips and other routinely scheduled appointments in and
around Orange County, with a select few destinations in Los Angeles County. The program
is paid for primarily by the Orange County Transportation Authority (OCTA) Measure M2
Fund dollars, with a matching requirement of 20% from the City for all M2 funds received.
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The Medical Transportation Program (MTP) is provided through a grant funding partnership
with Newport Hoag Hospital. This program provides senior citizens with transportation to
and from their residence to various medical facilities in Costa Mesa, as well as specified
facilities within Orange County and Los Angeles County boundaries. In addition to Senior
and Medical transportation services, the Network for Homeless Solutions (NHS) also
provides on-demand transportation services to its clientele on an as-needed basis. Taxis
from CYC may be dispatched at the request of NHS staff, Fire & Rescue, or the Costa
Mesa Police Department. These services are funded from the NHS’s Costa Mesa Housing
Authority funds.
The current STP and NHS provider is CYC which has been the approved operator of this
program since May 18, 2020 when an emergency Professional Services Agreement was
required after former provider Keolis Transit Services, LLC informed staff that the business
would be closing its doors and ceasing all services in the Orange County area. The current
agreement with CYC is set to expire on May 30, 2021.
City staff issued a formal request for proposals (RFP #21-08) on February 9, 2021 and
accepted formal bids until March 8, 2021. CYC was the sole bidder on the RFP.
ANALYSIS:
CYC’s proposal met all criteria set forth in the RFP. Following the established Finance
Department Purchasing guidelines, a full assessment and scoring exercise was carried out by
a team of three contract raters comprised of two representatives from the City of Costa Mesa
and one from the City of Fountain Valley. The evaluation of CYC’s proposal was positively rated
by all three evaluators. CYC presented a strong proposal for delivering the STP’s required day to
day services for the City of Costa Mesa and fulfilled the requirements presented in the Scope of
Work.
CYC is based in Orange County and has provided area transit services since 1995. CYC has
significant history with providing on-demand transportation for seniors with 80-90 drivers on the
road, serving 16 Orange County cities, and has multiple contracts for senior mobility programs.
CYC has provided very dependable service to the Costa Mesa Senior Transportation
Programs, currently averaging more than 300 one-way trips per month during the pandemic
while operating Monday – Friday between the hours of 8:00 a.m. and 4:00 p.m. It is anticipated
that ridership will return to pre-pandemic levels (approximately 700 one-way trips per month) as
the effects of the pandemic subside and senior mobility increases. The proposed fee structure,
as outlined below, and the annual contract amount of $170,000 plans for the eventual return to
pre-pandemic level monthly trips.
Cost Per Ride
Senior Transportation Program (STP)
$12.50 per trip per participant within Costa Mesa’s boundaries
Additional $2.50 per mile per trip per participant for trips beyond Costa Mesa’s
boundaries
Network for Homeless Solutions (NHS)
$3.50 for the first quarter mile
$2.75 per mile after the first quarter mile
$16.00 wait time per half hour
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ALTERNATIVES CONSIDERED:
1. The City may choose not to award the contract to CYC and terminate the free Senior
Transportation Programs and free transportation to the NHS clientele.
FISCAL REVIEW:
The STP is funded by Measure M2 funding provided to the City through an agreement with
the Orange County Transportation Authority (OCTA) with a 20 percent match from the City
of Costa Mesa.
The MTP is funded from a Newport Hoag Hospital grant. The funds are submitted to the
City in one lump sum annually.
Funding for this program is proposed to be included in the Parks and Community Services
FY 2021-22 budget as follows:
Description
Proposed
FY2021-22
Senior Mobility Program (OCTA)
Parks Department Operating Funds (City Match 20%)
$102,000
$15,500
Medical Transportation Program (HOAG Grant) $50,000
Network for Homeless Solutions Program $2,500
TOTAL $170,000
LEGAL REVIEW:
The City Attorney’s office has prepared and reviewed the Professional Services Agreement as
to form.
CITY COUNCIL GOALS & OBJECTIVES:
This project works towards toward achieving the following City Council Goals and
Objectives:
Goal: Establish a community communication and engagement plan to support
health and safety initiatives.
Objective: Provide safe transportation for the senior citizens and homeless
populations.
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CONCLUSION:
Staff recommends that the City Council and Housing Authority:
1. Approve and authorize the City Manager/Executive Director and the City Clerk to
execute a three (3) year Professional Services Agreement (PSA) for the Senior
Transportation Programs (STP) and NHS Transportation Program with CabCo
Yellow, Inc., dba California Yellow Cab (CYC) at 520 West Dyer Road, Santa
Ana, California, 92707 in the annual amount not to exceed $170,000 effective July
01, 2021 - June 30, 2024.
2. Authorize the City Manager/Executive Director and the City Clerk to renew the
agreement for (2) additional one-year terms, upon mutual agreement of both
parties; and,
3. Authorize the City Manager/Executive Director and the City Clerk to execute
future changes and amendments to the agreement and allow up to an additional
10 percent contingency annually, not to exceed $17,000 each year of the
contract, including any renewal years.
____________________________ ___________________________
LORI ANN FARRELL HARRISON CAROL MOLINA
City Manager and Housing Authority Finance Director
Executive Director
____________________________ ___________________________
JASON MINTER KIMBERLY HALL BARLOW
Parks and Community Services Director City Attorney/Housing Authority
Counsel
Attachment: 1. PSA with CYC
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CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
CABCO YELLOW, INC. DBA CALIFORNIA YELLOW CAB
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered
into as of the 1st day of July, 2021 (“Effective Date”), by and between the CITY OF COSTA MESA,
a municipal corporation (“City”), and CABCO YELLOW, INC., a California corporation DBA
CALIFORNIA YELLOW CAB (“Contractor”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Contractor as an independent
contractor to provide transportation services, as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code section 37103, and holds all necessary licenses
to practice and perform the services herein contemplated; and
C. WHEREAS, City and Contractor desire to contract for the specific services
described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall provide the professional services described
in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.
1.2. Professional Practices. All professional services to be provided by Contractor
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Contractor also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to
the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or
his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
Attachment 1
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(b) Require Contractor to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers’ compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Contractor shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys’ fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which may
be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military or veteran status, except as permitted pursuant to section
12940 of the Government Code.
1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Contractor’s sole cost
and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Contractor covenants that all data, documents, discussion, or other information
developed or received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by City. City
shall grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Contractor’s covenant under this Section shall
survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set
forth in Exhibit “B,” attached hereto and made a part of this Agreement by this reference (the “Fee
Schedule”). Contractor’s annual compensation shall not exceed One Hundred Seventy Thousand
Dollars ($170,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services
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provided outside the scope of services specified in the Contractor’s Proposal unless the City
Manager or designee, prior to Contractor performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall
pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as “Additional Services” and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor’s services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing
by the parties, the professional services to be performed pursuant to this Agreement shall
commence within five (5) days from the Effective Date of this Agreement. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force
Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event,
give written notice to the other party stating the nature of the Force Majeure Event, its anticipated
duration and any action being taken to avoid or minimize its effect. Any suspension of
performance shall be of no greater scope and of no longer duration than is reasonably required
and the party experiencing the Force Majeure Event shall use best efforts without being obligated
to incur any material expenditure to remedy its inability to perform; provided, however, if the
suspension of performance continues for sixty (60) days after the date of the occurrence and such
failure to perform would constitute a material breach of this Agreement in the absence of such
Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this
Agreement to permit the other party to exercise its rights under this Agreement. If the parties are
not able to agree on such amendments within thirty (30) days and if suspension of performance
continues, such other party may terminate this Agreement immediately by written notice to the
party experiencing the Force Majeure Event, in which case neither party shall have any liability to
the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of five (5) years, ending on June 30, 2026, unless previously terminated as provided herein
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or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Contractor.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Contractor shall immediately stop rendering services
under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City’s written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Contractor.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Contractor in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of delivery of termination notice to
Contractor, at no cost to City. Any use of uncompleted documents without specific written
authorization from Contractor shall be at City’s sole risk and without liability or legal expense to
Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
“A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’
compensation insurer waiving subrogation rights under its workers’
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compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Contractor for
the City and to require each of its subcontractors, if any, to do likewise
under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence and aggregate. Architects’ and engineers’ coverage
shall be endorsed to include contractual liability. If the policy is written as a
“claims made” policy, the retro date shall be prior to the start of the contract
work. Contractor shall obtain and maintain, said E&O liability insurance
during the life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Contractor pursuant to its contract with the City; products and
completed operations of the Contractor; premises owned, occupied or used
by the Contractor; automobiles owned, leased, hired, or borrowed by the
Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall
it be cancelled, nor the coverage or limits reduced, until thirty (30) days
after written notice is given to City.”
(c) Other insurance: “The Contractor’s insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible
or self-insured retention to provide such coverage, the amount of such deductible or self-insured
retention shall be approved in advance by City. No policy of insurance issued as to which the City
is an additional insured shall contain a provision which requires that no insured except the named
insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
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content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Contractor may be
held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification. The terms of this Agreement shall prevail over
any inconsistent provision in any other contract document appurtenant hereto, including exhibits
to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Contractor or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery or mail
and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b)
48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Cabco Yellow, Inc.
520 W. Dyer Rd.
Santa Ana, CA 92707
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 427-2555 Tel: (714) 327-7561
Attn: Melissa Gomez Attn: Kevin Stoddart
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Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by
complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit
“C” and incorporated herein by reference. Contractor’s failure to conform to the requirements set
forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be
cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s
obligation to perform all other obligations to be performed by Contractor hereunder for the term
of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Contractor’s sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees arising
out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the
work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Contractor, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Contractor, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Contractor, its employees, and/or
authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification
of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful
misconduct of the City. This provision shall supersede and replace all other indemnity provisions
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contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force
and effect.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City. Contractor shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Contractor shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with the applicable
worker’s compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Contractor’s performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Contractor or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Contractor agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses,
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and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other Project related items as requested by City or its authorized representative, at no
additional cost to the City.
6.14. Public Records Act Disclosure. Contractor has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Contractor and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Contractor's services under this agreement, including, but not limited to, the Political
Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and
subconsultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Contractor is not currently performing work that would
require Contractor or one of its officers, employees, associates or subconsultants to abstain from
a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Contractor shall be responsible for its work and results
under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings,
estimates and other Contractor professional services necessary to rectify and correct the matter
to the sole satisfaction of City and to participate in any meeting required with regard to the
correction.
6.17. Prohibited Employment. Contractor will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
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Cabco Yellow, Inc. dba California Yellow Cab
Rev. 11-2020
6.20. Binding Effect. This Agreement binds and benefits the parties and their respective
permitted successors and assigns.
6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement and have had an adequate opportunity to review each and every provision of
the Agreement and submit the same to counsel or other consultants for review and comment. In
the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the parties and in accordance with its
fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party
by virtue of the authorship of any of the provisions of this Agreement.
6.24. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.25. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.27. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.28. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
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Cabco Yellow, Inc. dba California Yellow Cab
Rev. 11-2020
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________
Signature
__________________________________
[Name and Title]
CITY OF COSTA MESA
__________________________________ Date: __________________________
Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________
Kevin Stoddart
Project Manager
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Cabco Yellow, Inc. dba California Yellow Cab
Rev. 11-2020
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________
Jason Minter
Parks and Community Services Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________
Carol Molina
Finance Director
EXHIBIT A
SCOPE OF SERVICES
City of Costa Mesa – Senior Transportation Programs & Network for Homeless Solutions
Scope of Services
Background
The City of Costa Mesa Parks and Community Services Department, Senior Center, Senior
Mobility Program (SMP) and Medical Transportation Program (MTP), jointly referred to
throughout as, “Senior Transportation Programs” are facilitated by the City, and offer free
transportation to seniors/older adults who reside in Costa Mesa to various locations within the
City of Costa Mesa, Orange County, and on occasion to medical facilities based out of Los
Angeles County. The program is free of charge for users, is for non-emergency transportation,
and operates Monday through Friday. The transit routes vary daily depending on specific user
needs, but the transportation is primarily within City limits.
The City of Costa Mesa Network for Homeless Solutions (NHS) is facilitated through the City to
offer free on-call non-emergency transportation to NHS clients to destinations approved by City
staff every day of the week. Route frequency and length very from client to client.
General Scope of Work for Senior Transportation Programs & NHS Transportation
Program
Contractor shall provide professional transportation services related to meeting identified needs
of the community’s senior/older adult population in addition to meeting the needs of Costa
Mesa’s Network for Homeless Solutions (NHS). The scope of services for these two programs
differ from each other.
Senior transportation services will focus on the provision of safe and reliable transportation to
and from City-sponsored events/activities within the City’s boundaries, as well as other locations
within Orange County. Certain transportation to Los Angeles County medical facilities should
also be included as requested. However, at least 80% of transportation will be provided within
Orange County boundaries. Transportation services for seniors are provided through the City’s
Senior Mobility Program (SMP), for generic travel, and the Medical Transportation Program
(MTP), meant for transportation to medical appointments.
The Network for Homeless Solutions transportation requires that its clients receive
transportation to their approved destination will operate and provide services, 24 hours a day
7 days a week to assist those needing transportation to their approved destination by City of
Costa Mesa Staff.
Professional services are required by the City’s Senior Transportation Program include
the following tasks:
1. Contractor will meet with City staff regarding the schedule, status, and program services
on a monthly basis, at a minimum.
2. Door-To-Door Service. The Contractor shall provide door-to-door transportation of eligible
Costa Mesa residents to and/or from the Costa Mesa Senior Center (CMSC) located at
695 W. 19th St, Costa Mesa, CA 92627 to allow patrons to participate in activities,
programs and services at CMSC (including social/recreational/educational/health and
fitness/nutrition programs). In addition to the CMSC, rides will be available for personal
care, nutrition, medical, shopping, and social/recreational rides.
3. The Contractor shall provide a toll-free telephone number for use by Senior/Older Adult
Transportation Programs patrons. The Contractor shall accept telephone reservations
from Costa Mesa for Senior/Older Adult Transportation Programs patrons and dispatch a
vehicle to the requested pick-up location within the City. Reservations shall be both
demand responsive and allow for advanced pre-scheduled one-way or round trip
transportation services.
4. Eligible patrons must show their client ID badge when entering the Senior/Older Adult
Transportation Programs vehicle. Contractor will invoice the City at the rate agreed to by
the City and identified in Fee Schedule. No co-pay will be requested of participants and
drivers must not accept any form of tip/payment for rides.
5. Contractor must comply with all state and federal regulations relating to driver training,
licensing, vehicle inspections, maintenance documentation, and allowable hours on duty
requirements, drug and alcohol testing, etc.
6. Contractor shall participate in on-going customer relations efforts as coordinated by the
City.
7. The City assigned “Project Manager” will be the person in charge of all management and
day-to- day operations of the Contractor.
8. Contractor shall provide the necessary staff to ensure efficient and timely administration
of reservations, scheduling, and dispatch of City senior/older adult transportation trips in
accordance with the service schedules and policies set forth by the City, and will provide
substitute drivers in the event of absence from assigned/designated driver.
9. Drivers must be legally licensed to operate a motor vehicle in the Stage of California, be
in good standing with the DMV, able to speak, understand, and read English adequately,
and treat all passengers with respect and courtesy. Bilingual drivers are highly desirable.
10. Contractor must demonstrate it has an acceptable recruitment and hiring program, which
is intended to minimize driver turnover and retain a high quality driver workforce.
11. Contractor shall provide a uniform to be worn by the driver when operating a vehicle in
City service, which will convey a professional image at all times.
12. Contractor will provide all necessary operating equipment for the driver and supporting
office personnel, if applicable.
13. The City may require at any time that any driver be removed from transporting City
customers for complaints, rudeness, or other inappropriate behavior or appearance, and
may also request specific drivers from the said Contractor who provide exceptional
customer service and have established rapport with customers.
14. Driver feedback about schedules, customers’ needs, vehicle maintenance, and working
conditions is expected.
15. Contractor will be responsible for all training of the vehicle driver and ensuring all training
and certifications are current, service policies, passenger fares, and overview of other City
services;
16. Contractor shall comply fully with state and federal regulations pertaining to licensing and
operations of vehicles, which are contained in the California Vehicle Code, California
Administrative Code, and the Federal Motor Carrier Safety Regulations.
17. Contractor shall comply with the California OSHA requirements including the requirement
of SB 198 to develop and implement an employee injury prevention program.
18. Contractor shall provide qualified and trained personnel to answer and properly respond
to all telephone, facsimile calls for senior/older adult transportation trip reservations,
cancellations, ride check status, service inquiries, and general information requests;
19. Contractor is required to provide a computerized system for trip reservations, scheduling,
and dispatch of senior transportation services as well as for the collection, recording, and
reporting of operational and performance data regarding these services.
20. City and Contractor shall jointly revise and refine the service levels based on actual service
demand to maximize service efficiency within the parameters specified by City policies.
21. Contractor shall notify the City within 24 hours of any accidents/incidents, and ensure
proper follow up on any accidents/incidents, where appropriate, to ensure that any
unresolved safety hazards or liability issues are addressed.
22. Vehicle Accidents. The Contractor shall have sole responsibility, at its own cost and
expense, for repair of any vehicle damaged in a vehicular accident or by any passenger.
The City retains the right to investigate any vehicular accident involving the Contractor,
and may request drug/alcohol screening of a driver found to be at fault under specific
circumstances. 23. Contractor shall provide to the City OCTA’s Safety and Security
Reporting Form with each invoice.
23. Retention/Review of Records. The Contractor shall maintain all records pertaining to the
services as required by OCTA Project U Funding and Policy Guidelines. The Contractor
shall make its records available to the City upon request during regular business hours
either for inspection or audit.
24. The invoice for services rendered shall follow a format provided by the City, with all
relevant back- up documentation, including monthly operations summaries, and OCTA’s
Safety and Security Reporting Form shall be included with the invoice.
25. Services provided for the Senior Mobility Program (SMP) and the Medical Transportation
Program (MTP) require separate invoices.
26. To facilitate customer service and improve vehicle life, it is imperative vehicles remain
clean and free from body damage;
27. Driver shall inspect vehicle daily, before pulling out of the yard in accordance with state
requirements. Contractor shall ensure that a Preventative Maintenance Inspection (PMI)
is performed on vehicles in at least 3,000-mile intervals.
28. The Contractor shall keep daily records of customer service reservations taken.
Reservations shall include the client’s name, telephone number, pick-up and drop-off
address, time the call was received and time the call was dispatched.
29. Monthly Reports. The Contractor shall prepare and submit monthly reports as part of the
billing invoice meeting City and OCTA SMP requirements and shall include at minimum
the following: Date, Passenger ID #, Passenger Name, Pick-up address, Drop-off address,
Pickup time, Drop-off time, Trip Miles, Odometer reading for start and end of each trip and
daily operation of vehicle at start and end of operating hours, Co Pay or voucher received,
Trip type (trip category or purpose), Number of trips per client, No shows and
Cancellations.
30. Payments for all specified services will be made based on the following: customer
satisfaction, receipt of a detailed invoice sent in no later than the 15th day of the services
for the preceding month (i.e., an invoice for services performed January 1st through 31st
should be received by the City no later than February 15th).
31. All payments will be paid within 30 days of the date invoice is received (Net 30).
32. The Senior/Older Adult Transportation Programs will operate and provide services,
excluding City observed holidays, Monday through Friday, between the hours of 7:30 a.m.
(or earlier) until 5 p.m. (or later). Additionally, transportation may be provided to and from
special events at the Senior Center during non-operating hours. Specific hours of
operation will be detailed at a later date and time, but ability to provide the service between
Monday-Friday, occasionally on weekends, between 7:30 a.m.- 5 p.m. should be
available.
Professional services are required by the City’s Network for Homeless Solutions (NHS)
Transportation Program include the following tasks:
1. Services shall be available on an on-call basis seven (7) days a week, twenty-four (24)
hours per day, including holidays.
2. Destinations shall be limited to those approved by designated City staff, clients may not
make deviations upon departure.
3. Contractor shall provide a fee for a waiting time between destinations in half hour
increments.
4. City Staff from the Costa Mesa Police Department, the Costa Mesa Fire Department, and
the Network for Homeless solutions shall have access to summoning transportation
services for clients when required.
5. Contractor shall provide the City with a toll-free telephone number for use for the NHS
Transportation program.
6. Contractor must comply with all state and federal regulations relating to driver training,
licensing, vehicle inspections, maintenance documentation, and allowable hours on duty
requirements, drug and alcohol testing, etc.
7. Contractor shall provide the necessary staff to ensure efficient and timely dispatch of
transportation services accordance with the service schedules and policies set forth by
the City, and will provide substitute drivers in the event of absence from
assigned/designated driver.
8. Drivers must be legally licensed to operate a motor vehicle in the Stage of California, be
in good standing with the DMV, able to speak, understand, and read English adequately,
and treat all passengers with respect and courtesy. Bilingual drivers are highly desirable.
9. Contractor must demonstrate it has an acceptable recruitment and hiring program, which
is intended to minimize driver turnover and retain a high quality driver workforce.
10. Contractor shall provide a uniform to be worn by the driver when operating a vehicle in
City service, which will convey a professional image at all times.
11. Contractor will provide all necessary operating equipment for the driver and supporting
office personnel, if applicable.
12. The City may require at any time that any driver be removed from transporting City
customers for complaints, rudeness, or other inappropriate behavior or appearance.
13. Contractor will be responsible for all training of the vehicle driver and ensuring all training
and certifications are current, service policies, passenger fares, and overview of other City
services.
14. Contractor shall comply fully with state and federal regulations pertaining to licensing and
operations of vehicles, which are contained in the California Vehicle Code, California
Administrative Code, and the Federal Motor Carrier Safety Regulations.
15. Contractor shall comply with the California OSHA requirements including the requirement
of SB 198 to develop and implement an employee injury prevention program.
16. Contractor shall provide qualified and trained personnel to answer and properly respond
to all telephone, facsimile calls for senior/older adult transportation trip reservations,
cancellations, ride check status, service inquiries, and general information requests.
17. Contractor shall notify the City within 24 hours of any accidents/incidents, and ensure
proper follow up on any accidents/incidents, where appropriate, to ensure that any
unresolved safety hazards or liability issues are addressed.
18. Vehicle Accidents. The Contractor shall have sole responsibility, at its own cost and
expense, for repair of any vehicle damaged in a vehicular accident or by any passenger.
The City retains the right to investigate any vehicular accident involving the Contractor,
and may request drug/alcohol screening of a driver found to be at fault under specific
circumstances. 19. Contractor shall provide to the City OCTA’s Safety and Security
Reporting Form with each invoice.
19. Retention/Review of Records. The Contractor shall maintain all records pertaining to the
services as required by OCTA Project U Funding and Policy Guidelines. The Contractor
shall make its records available to the City upon request during regular business hours
either for inspection or audit.
20. Retention/Review of Records. The Contractor shall maintain all records pertaining to the
services. The Contractor shall make its records available to the City upon request during
regular business hours either for inspection or audit.
21. The invoice for services rendered shall follow a format provided by the City, with all
relevant back- up documentation, including monthly operations summaries, and OCTA’s
Safety and Security Reporting Form shall be included with the invoice.
22. Transportation services provided for the NHS must be invoiced separately from the Senior
Transportation Program.
23. To facilitate customer service and improve vehicle life, it is imperative vehicles remain
clean and free from body damage.
24. Driver shall inspect vehicle daily, before pulling out of the yard in accordance with state
requirements. Contractor shall ensure that a Preventative Maintenance Inspection (PMI)
is performed on vehicles in at least 3,000-mile intervals.
25. The Contractor shall keep daily records of customer service reservations taken.
Reservations shall include the client’s name, telephone number, pick-up and drop-off
address, time the call was received and time the call was dispatched.
26. The Contractor shall prepare and submit monthly reports as part of the billing invoice
meeting City requirements and shall include at minimum the following: date, passenger
name, pick-up address, drop-off address, pick-up time, drop-off time, trip miles, odometer
reading for start and end of each trip and daily operation of vehicle at start and end of
operating hours, copay or voucher received, trip type, number of trips per client, no shows
and cancellations.
27. Payments for all specified services will be made based on the following: client satisfaction,
receipt of a detailed invoice sent in no later than the 15th day of the services for the
preceding month (i.e., an invoice for services performed January 1st through 31st should
be received by the City no later than February 15th).
28. All payments will be paid within 30 days of the date invoice is received (Net 30).
Vehicle Specifications:
1. Contractor must have ADA vehicles available upon request from Senior/Older
Adult Transportation Programs participants when reservations are made 48
hours in advance.
2. All vehicles must be maintained in a safe, clean, and tidy manner, with
appropriate signage for safety precautions, including emergency procedures.
3. The City reserves the right to remove from service any vehicle that does not
meet its appearance and cleanliness standards.
EXHIBIT B
FEE SCHEDULE
EXHIBIT C
CITY COUNCIL POLICY 100-5
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the
workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor’s and/or sub-grantee’s workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
B. Establishing a Drug-Free Awareness Program to inform employees about:
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
D. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five (5) days after such conviction;
E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
F. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
G. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub-grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub-grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor and/or
sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision recommending
against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee
shall be eligible for compensation as provided by law.
`�yTp MFS9_CITY COUNCILAND HOUSINO
A
o i
AUTHORITYBOARD
SUPPLEMENTAL MEMORANDUM
NC�gPORRTEO
MEETING DATE: MAY 18, 2021 ITEM NO.: CC-9
SUBJECT: SENIOR TRANSPORTATION PROGRAM (STP) AND NETWORK FOR
HOMELESS SOLUTIONS (NHS) TRANSPORTATION AWARD OF
CONTRACT
DATE: MAY 18, 2020
FROM: JASON MINTER, PARKS AND COMMUNITY SERVICES DIRECTOR
FOR FURTHER INFORMATION JASON MINTER, 714-754-5009
CONTACT: jason.minter@costamesaca.gov
This memorandum is to correct scrivener's errors included in the Background and Fiscal
Review in the posted Council Report. The approval date for the Emergency Professional
Services Agreement is May 19, 2021 not May 18, 2021 and the expiration of the
agreement is June 30, 2021, not May 30, 2021. The correct language for the fiscal review
is "Orange County Transportation Authority (OCTA) approved the Emergency Agreement
with California Yellow Cab (CYC) and requested that the City complete a formal
competitive bid process by May 31, 2021 to remain eligible for M2 funding."
Program
Estimated
FY21/22
Funding
Funding Source
Senior Mobility Program
$85,000
Orange County Transportation
Authority OCTA
Senior Mobility Program - 20% match of OCTA funds
$17,000
Parks Operating Budget
Senior Mobility Program
$15,500
Parks Operating Bud et
Medical Transportation Program
$50,000,
Newport Hoag Hospital Grant
Network for Homeless Solutions (NHS) Program
$2,500
Homeless Services Budget
Total
$170,000
These changes do not affect the agreement provided in the Council Report.
Community Services Director
CAROL MOLINA
Finance Director