HomeMy WebLinkAbout28 - CC-12 - Attachment 1 - 7/20/2021COOPERATIVE AGREEMENT NO.C-1-32301
2 BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY3
4 AND
CITY OF COSTA MESA5
FOR6
SENIOR MOBILITY PROGRAM7
8 THIS COOPERATIVE AGREEMENT (“Agreement”),is effective this day of
9 ,2021 (“Effective Date”),by and between the Orange County Transportation
Authority,550 South Main Street,P.O.Box 14184,Orange,California 92863-1584,a public corporation10
11 of the State of California (herein referred to as “AUTHORITY”)and the City of Costa Mesa,
77 Fair Drive,Costa Mesa,California 92626 (hereinafter referred to as “CITY”)each individually known12
as “PARTY”and collectively known as “PARTIES”.13
RECITALS:14
WHEREAS ,CITY is desirous of obtaining transportation services for seniors of CITY;and15
WHEREAS ,AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)16
17 concerning senior transportation services;and
18 WHEREAS ,this Agreement defines the roles and responsibilities of AUTHORITY and CITY in
executing an SMP for senior transportation;and19
20 WHEREAS ,AUTHORITY and CITY agree to comply with all relevant elements of Orange County
Local Transportation Authority Ordinance No.3;and21
22 WHEREAS,AUTHORITY and CITY agree to comply with all elements of the SMP Project U
Funding and Policy Guidelines (SMP Guidelines);and23
WHEREAS ,AUTHORITY’S Board of Directors approved this Agreement on24
25 May 24,2021;
NOW,THEREFORE ,it is mutually understood and agreed by AUTHORITY and CITY as follows:26
Page 1 of 9
Attachment 1
COOPERATIVE AGREEMENT NO.C-1-3230
ARTICLE 1.COMPLETE AGREEMENT1
2 A.This Agreement,including any attachments incorporated herein and made applicable by
reference,constitutes the complete and exclusive statement of the term(s)and condition(s)of this3
Agreement between AUTHORITY and CITY and it supersedes all prior representations,understandings,4
and communications.The invalidity in whole or in part of any term or condition of this Agreement shall5
not affect the validity of other term(s)or condition(s)of this Agreement.The above referenced Recitals
are true and correct and are incorporated by reference herein.
6
7
8 B.AUTHORITY’S failure to insist on any instance(s)upon CITY’S performance of any term(s)or
9 condition(s)of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY’S
10 right to such performance or to future performance of such term(s)or condition(s),and CITY'S obligation
11 in respect thereto shall continue in full force and effect.Changes to any portion of this Agreement shall
not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized12
representative of AUTHORITY by way of a written amendment to this Agreement and issued in13
accordance with the provisions of this Agreement.14
C.CITY’S failure to insist on any instance(s)of AUTHORITY’S performance of any term(s)or15
condition(s)of this Agreement shall not be construed as a waiver or relinquishment of CITY’S right to such16
performance or to future performance of such term(s)or condition(s),and AUTHORITY’S obligation in17
18 respect thereto shall continue in full force and effect.Changes to any portion of this Agreement shall not
be binding upon CITY except when specifically confirmed in writing by an authorized representative of19
20 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
21 this Agreement.
22 ARTICLE 2.RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to provide funds per the SMP Guidelines:23 A.
Services provided under the SMP are available to individuals sixty (60)years of241.
25 age and older.
/26
Page 2 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
Funds for the program are identified as one percent (1%)of Renewed Measure M
(M2),also called OC GO,net sales tax revenue (Net Revenue)and will be allocated to all local
1 2.
2
jurisdictions based upon the participating entity’s respective percentage of the senior population of the3
entire County.4
Senior population will be determined by using the most current official decennial53.
Census information provided by the U.S.Census Bureau.
All active participants will receive their portion of funding on a bi-monthly basis.
6
7 4.
8 B.AUTHORITY agrees that Net Revenues allocated shall be expended within three (3)
9 years of receipt.AUTHORITY may grant an extension to the three (3)-year limit,but extensions shall not
be granted beyond a total of five (5)years from the date of the initial funding allocation.10
11 C.In the event the time limits for use of Net Revenues are not satisfied,then any retained
12 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 to13
any project within the same source program at the discretion of AUTHORITY.
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.
14
15 D.
16
CITY may purchase additional vehicle(s)in excess of their vehicle allocation at a cost of
Five Thousand Dollars ($5,000)per vehicle,subject to vehicle availability.
17
18
ARTICLE 3.RESPONSIBILITIES OF CITY19
20 CITY must satisfy all M2 eligibility criteria ,as specified in the Orange County Local
Transportation Authority Ordinance No.3,Attachment B,Section III,in order to receive their formula
A.
21
22 allocation for the SMP.
CITY agrees that all funds received from AUTHORITY as specified in Article 2A above23B.
will be used exclusively for providing accessible senior transportation services as specified in
Exhibit A ,entitled “Senior Mobility Program Agency Service Plan.”
24
25
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COOPERATIVE AGREEMENT NO.C-1-3230
C.CITY agrees to comply with all elements of the SMP Guidelines as specified in1
2 Exhibit A,Attachment 1.
CITY agrees that Net Revenues allocated shall be expended within three (3)years of3D.
receipt.AUTHORITY may grant an extension to the three (3)-year limit,but extensions shall not be4
granted beyond a total of five (5)years from the date of the initial funding allocation.5
In the event the time limits for use of Net Revenues are not satisfied,any retained Net6E.
Revenues that were allocated to CITY and interest earned thereon shall be returned to AUTHORITY and7
8 these Net Revenues and interest earned thereon shall be available for allocation to any project within the
9 same source program at the discretion of AUTHORITY.
F.CITY agrees to match twenty percent (20%)of the total annual program expenditures.10
11 Local match may be made up of cash-subsidies,fare revenues,or in-kind contributions.
G .CITY may contract with a third-party service provider to provide senior transportation12
13 services provided that:
1.Contractor is selected using a competitive procurement process;and14
15 2.Wheelchair accessible vehicles are available and used when requested.
CITY shall procure and maintain insurance coverage during the entire term of this16H.
Agreement.Proof of coverage may include commercial insurance,permissible self -insurance or17
18 coverage as provided through a joints powers pool,subject to AUTHORITY review and acceptance.
CITY shall provide the following insurance coverage :19
20 1.Commercial General Liability,to include Products/Completed Operations,Independent
Contractors’,Contractual Liability,and Personal Injury Liability with a minimum limit of $1,000,000 per
occurrence and $2,000,000 general aggregate;
21
22
23 2.Automobile Liability Insurance to include owned,hired and non-owned autos with a
combined single limit of $1,000,000 each accident;24
3.Workers’Compensation with limits as required by the State of California including a25
waiver of subrogation in favor of AUTHORITY,its officers,directors,employees or agents;and26
Page 4 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
4.Employers’Liability with minimum limits of $1,000,000 per accident,$1,000,000 policy
limit-disease,and $1,000,000 policy limit employee-disease.
1
2
Proof of such coverage,in the form of an insurance company issued policy endorsement3I.
and a broker-issued insurance certificate,must be received by AUTHORITY prior to commencement of4
any work.Proof of insurance coverage must be received by AUTHORITY within ten (10)calendar days5
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
6
7
8 and non-contributive to any insurance or self-insurance maintained by AUTHORITY.CITY shall also
9 include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts
required as provided in this Agreement.Subcontractors will be required to include AUTHORITY and other10
11 project stakeholders as (an)additional insured(s)on the commercial general liability,auto,and excess
12 liability policies.
CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement13J.
Number C-1-3230;and,the Associate Contract Administrator’s Name,Luis Martinez.14
K.In the event CITY obtains a retired AUTHORITY vehicle for SMP services,CITY agrees
to transfer vehicle title and registration within fourteen (14)calendar days from taking possession of the
15
16
vehicle.CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title17
18 and registration from AUTHORITY to CITY within thirty (30)calendar days from
taking possession of the vehicle.19
20 ARTICLE 4.TERM OF AGREEMENT
A.This Agreement shall commence July 1,2021 and shall continue in full force and effect21
22 through June 30,2026 (Initial Term),unless earlier terminated or extended as provided in this Agreement.
B.AUTHORITY,at its sole discretion,may elect to extend the term of this Agreement up to an23
additional five (5)years,commencing July 1,2026,and continuing through June 30,2031 (Option Term),
and thereupon require CITY to continue to provide services,and otherwise perform,in accordance with
24
25
26 Exhibit A.
Page 5 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
C.AUTHORITY’S election to extend the Agreement beyond the Initial Term shall not diminish its
right to terminate the Agreement for AUTHORITY’S convenience or CITY’S default as provided elsewhere
1
2
in this Agreement.The “maximum term”of this Agreement shall be the period extending from3
commencement through June 30,2031,which period encompasses the Initial Term and Option Term.4
ARTICLE 5.NOTICES5
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
6
7
8 certified mail,return receipt requested,postage prepaid and addressed as follows :
9 To CITY:To AUTHORITY:
10 City of Costa Mesa Orange County Transportation Authority
11 77 Fair Drive 550 South Main Street
12 P.O.Box 14184
13 Costa Mesa,CA 92626 Orange,CA 92863-1584
Attention:Enyelber Franco
Recreation Coordinator
Tel:(714)327-7550
Attention:Luis Martinez
Associate Contract Administrator
Tel:(714)560-5767
14
15
Email:enyelber.franco&costamesaca.ciov Email:Imartinez1@ocfa.net16
17 ARTICLE 6.FEDERAL.STATE AND LOCAL LAWS
18 AUTHORITY and CITY agree that in performance of their obligations under this Agreement,
19 they shall comply with all applicable federal,California state and local laws,statutes and ordinances
and all lawful orders,rules and regulations promulgated thereunder.20
21 ARTICLE 7.ORDER OF PRECEDENCE
22 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 or23
24 incorporated by reference.
25 /
26 /
Page 6 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
ARTICLE 8.AUDIT AND INSPECTION OF RECORDS1
CITY shall provide AUTHORITY,or other agents of AUTHORITY,such access to CITY'S2
accounting books,program records,payroll documents and facilities as AUTHORITY deems necessary.3
CITY shall maintain such books,records,data and documents in accordance with generally accepted4
accounting principles and shall clearly identify and make such items readily accessible to such parties5
during CITY'S performance hereunder and for a period of five (5)years from the date of final payment by
CITY.AUTHORITY’S right to audit books and records directly related to this Agreement shall also extend
6
7
8 to all first-tier subcontractors.CITY shall permit any of the foregoing parties to reproduce documents by
9 any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
10 ARTICLE 9.TERMINATION
11 AUTHORITY or CITY may,for its own convenience,terminate this Agreement at any time in
whole or in part by giving the other PARTY written notice thereof of not less than thirty (30)days in12
advance of the specified date of termination.13
ARTICLE 10.INDEMNIFICATION14
CITY shall indemnify,defend and hold harmless AUTHORITY,its officers,directors,
employees and agents from and against any and all claims (including attorney’s fees and reasonable
15 A.
16
expenses for litigation or settlement)for any loss or damages,bodily injuries,including death,damage17
18 to or loss of use of property caused by the negligent acts,omissions,or willful misconduct by CITY
its officers,directors,employees,agents,subcontractors or suppliers in connection with or arising out19
20 of the performance of this Agreement .
CITY shall maintain adequate levels of Insurance,or self-insurance to assure full21B.
22 indemnification of AUTHORITY.
C .As a funding source,AUTHORITY shall not be liable for any claims or losses arising23
from CITY as a result of using the fund.24
/25
/26
Page 7 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
ARTICLE 11.ALCOHOL AND DRUG POLICY1
CITY agrees to establish and implement an alcohol and drug program that complies with2A.
41 U.S.C.sections 701-707,(the Drug Free Workplace Act of 1988),which is attached to this Agreement3
as Exhibit B.CITY agrees to produce any documentation necessary to establish its compliance with4
5 sections 701-707.
Failure to comply with this Article may result in nonpayment or termination of this6B.
7 Agreement.
8 ARTICLE 12.FORCE MAJEURE
9 Either PARTY shall be excused from performing its obligations under this Agreement during
the time and extent that it is prevented from performing by a cause beyond its control,including,but10
11 not limited to:any incidence of fire,flood;acts of God;commandeering of material products,plants or
facilities by the federal state or local government;national fuel shortage;or a material act of omission12
by the other PARTY;when satisfactory evidence of such cause is presented to the other PARTY,and13
provided further that such nonperformance is unforeseeable,beyond the control and is not due to the
fault or negligence of the PARTY not performing.
14
15
/16
/17
18 /
/19
20 /
/21
22 /
/23
/24
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Page 8 of 9
COOPERATIVE AGREEMENT NO.C-1-3230
IN WITNESS WHEREOF ,the PARTIES hereto have caused this Agreement No.C-1-3230 to be1
executed as of the date of the last signature below.2
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY3
4
5 By:By:
Lori Ann Farrell Harrison
City Manager
Darrell E.Johnson
Chief Executive Officer6
7
8 ATTEST APPROVED AS TO FORM:
9
By!James Dory£h'(Jun 4,2021 08:54 PDT)
James M.Donich
General Counsel
10
11
APPROVAL RECOMMENDED:
15
Beth McCormick
Executive Director,Operations16
17
18
APPROVAL RECOMMENDED:
19
20
By:
Jennifer L.Bergener
Chief Operating Officer,Operations/
Deputy Chief Executive Officer
21
22
23
24
25
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Page 9 of 9
City Clerk
Brenda Green
By
City Attorney
Kimberly Hall Barlow
:
By
COOPERATIVE AGREEMENT NO .C-1 -3230
EXHIBIT A
Senior Mobility Program
Agency Service PlanOCTA
Jurisdictions and agencies participating in the Orange County Transportation Authority
(OCTA)Senior Mobility Program (SMP)must complete the following Service Plan in order toreceiveSMPfunding.The Service Plan must be developed in accordance with SMPGuidelines,included as Attachment 1,and submitted to OCTA for review.Upon review fromOCTA,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 of Costa Mesa -Senior Center Date
Enyelber Franco,Kevin
S tod dart 1714 )7 d 714)t \Program Contact Phone 327 -7561
el be r.franco@costarn esac /}Email cevm .stoddai )costamesac\'V /bv
Service Description:
1.Program goals and objectives:
The City of Costa Mesa will utilize funding provided by OCTA,Measure M 2 Funds,anditslocalmatchtoprovidetransportationservicestoCostaMesaresidents,age 60 andolder,to and from their home,the Costa Mesa Senior Center,as well as various areasinOrangeCounty.
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
2.Indicate how SMP service will be operated:(Please check all that applyj
Directly-Operated Subsidized Taxi ProgramXX
Other (Please Describe)Contract Service Provider
Volunteers
The Senior Mobility Pr
\but City staff will also supplement the program by including additional
nsportation for special programs and services,with two shuttles operated by City
ff,that do not fall within the typical hours of operation.The number of vehicles
the contracted service provider may vary depending on r
will be primarily operal i via a contrac fr,d rvico
\TT1 i'11!1
I'.l t'.
cl
utifi V u.
3.Eligible trips provided under the SMP are limited to the following categories.Please
indicate the categories of service to be provided by your program:(Please check all
that apply)
X Senior Center Personal CareX
X Nutrition Shopping
MedicalX X Social /Recreation (Please Describe)
The program will provide transportation to:Government and City buildings;historical landmarks;theaters;schools;restaurants;cemeteries;sporting and fitnesses;amusement parks;aquarium /zoo;beach /parks;community cultural events;education /employment;famiiy/friends;movie theaters;concerts:religious
nd transit centers.
fat•i A
institutk
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
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?
Yes
If yes,please list the trip purpose and destinations:(e.g.,medical trips to the VA HospitalinLongBeach)
1.Medical Trips to VA Hospital in Long Beach
5.Fare structure:
$0 -No charge for set
6.Number of vehicles:
7.Projected annual ridership:
6,
8.Source (s)of 20 percent match funding:
General fund,in-house maintenance services and upkeep,and direct labor cost
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
Program Requirements:
1.Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors forallserviceswhichitdoesnotprovideusingitsownworkforce.Any Request for Proposals (RFP)for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA)accessibility standards.
2.Jurisdiction /Agency will perform,or ensure that a contracted vendor performs,maintenance ofallvehiclesusedintheSeniorMobilityprogram,including,at a minimum :a )Daily Pre-Trip Inspections that meet or exceed the guidelines provided in the attachedPre-Trip Inspection Checklist (Attachment 2)
b)Scheduled preventative maintenance that meets or exceeds the guidelines provided intheattachedPMChecklist,including the maintenance of all accessibility features of thevehicles.
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 theCaliforniaHighwayPatrol.
3.Jurisdiction /Agency will ensure that its operators,or its contracted vendor’s operators,areproperlylicensedandtrainedtoproficiencytoperformdutiessafely,and in a manner whichtreatsitsriderswithrespectanddignity.Disability awareness and passenger assistance will beincludedinthistraining.
4.Jurisdiction /Agency will establish and implement an alcohol and drug program that complieswith41U.S.C.sections 701-707,(the Drug Free Workplace Act of 1988),and will produce anydocumentationnecessarytoestablishitscompliancewithsections701-707.5.Jurisdiction /Agency will submit a monthly report to OCTA's Community Transportation ServicesDepartmentasillustratedinAttachment3.
6.Jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use offixedroutetransitservicebyolderadults.
7.Jurisdiction /Agency will note OCTA sponsorship in any promotional material for service fundedunderthisagreementandwilldisplayanOCTASeniorMobilityProgramlogoonvehiclesusedinthisprogram(excluding taxis).
8.Jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspectsofservicesthatareprovidedbyacontractedvendor.
IN WITNESS WHEREOF,has formally adopted the Senior Mobility Program Scope of Workaswrittenabove.
AGENCY REPRESENTATIVE OCTA REPRESENTATIVE
Name:i Ann Farrei Harrison Name:
Title:Title:CTS Department ManagitvManager
Cl
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
Senior Mobility Program
Project U Funding and Policy Guidelines
November 2018
Overview
The Measure M2 (M2)Project U -Senior Mobility Program (SMP)provides funding
to support local,community -based transportation service for seniors.Originally
established in 2001 using limited state funding for bus operations,M2 Project U
SMP funding was established to continue and expand the existing program.A
formula funding allocation was established for all Orange County participating
cities and eligible agencies based upon their senior population.One percent (1%)
of M2 net revenue is used to fund the program and participating cities and eligible
agencies must provide a minimum 20 percent (20%)local match of the total annual
program expenditures.
1.0
Included in the SMP are eligible non -profits.These agencies are funded locally
and must also comply with the Guidelines.
Objectives
To provide for local,community-based senior transportation services.
To allow participating cities and eligible agencies to develop and implement
senior transportation services to serve their community.
To provide transit options for seniors which complement rather than duplicate
the Orange County Transportation Authority’s (OCTA )fixed route and
ACCESS paratransit service.
Eligibility Requirements
Participation in the SMP is contingent upon maintaining M2 eligibility.Participating
cities and eligible agencies must be eligible to receive M2 funding,established on
an annual basis as specified in the M2 Ordinance Requirements for Eligible
Jurisdictions,to receive the formula allocation for this program.1 Adherence to strict
funding guidelines is required.
2.0
3.0
Participating cities and eligible agencies are required to submit a Service Plan as
described in Section 7.0 and must enter into a cooperative funding agreement with
OCTA that defines the conditions of use of SMP funds prior to receiving their SMP
funding allocation .
1 Orange County Transportation Authority Ordinance No.3,Attachment B,Section III
1
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
Funding Allocation Method &Distribution
Funding for the program is identified as one percent of M2 net sales tax revenue
and will be allocated to eligible participating cities and eligible agencies based
upon the participating cities and eligible agencies’percentage of the senior
population of the county.Senior population is determined by using the most current
official decennial Census information provided by the U .S .Census Bureau.
4.0
Funding allocations are based on actual sales tax receipts .Funding will be
distributed on a bi-monthly basis.SMP funds must be expended within
three (3)years of receipt.
OCTA may grant a two (2 )-year extension beyond the three (3)-year expenditure
limitation;however,an extension may not exceed five (5 )years from the date of
the initial funding allocation.Participating cities and eligible agencies requesting
an extension beyond the three (3)-year limitation must submit a justification letter
for review and approval by OCTA at least ninety (90)days prior to the end of the
third fiscal year.
In the event the time limits for use of SMP funds are not satisfied ,any retained
SMP funds that were allocated to an eligible participating city and eligible agency ,
including interest,shall be returned to OCTA .
5.0 Match Requirements
Participating cities and eligible agencies must provide a minimum 20 percent (20%)
local match of the total annual program expenditures.Match funding may be made
up of cash subsidies ,fare revenues,donations,or in-kind contributions such as
salaries and benefits for the participating cities and eligible agencies’employees
who perform work on the program .Participating cities and eligible agencies may
also be required to submit supporting documentation to substantiate local match
expenditures .Participating cities and eligible agencies are not required to
contribute the minimum match requirement on a monthly basis;however,the
minimum 20 percent (20%)match requirement must be met by the end of each
fiscal year,defined as June 30.
Participating cities and eligible agencies not satisfying the annual 20 percent (20%)
match shall be subject to withholding of funds from future bi-monthly allocations
equal to the difference between the amount of Measure M funds actually spent and
the amount of Measure M funds actually matched.
Example:
$100,000
$80,000
$20,000
$15 ,000
Total Program Expenditures
Total M2 Funding Allocation
20%Required Match
Actual Reported Match
2
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
Withholding Calculation:
$80 ,000
$60,000
Total M2 Funds Spent
M2 Funding Eligibility Based on Actual Reported Match
Withholding from Future Allocation(s )$20,000
6.0 Service Guidelines
Services provided under the SMP are available to individuals sixty (60)years of
ageand older.Participating cities and eligible agencies have discretion in the types
of trips provided within Orange County,such as trips to /from senior centers,
medical appointments,shopping,personal care,and social/recreational activities.
Participating cities and eligible agencies should use discretion when providing trips
for social/recreational activities when developing their Service Plan to ensure
prudent and appropriate use of taxpayer funds.SMP trips outside Orange County
are restricted to medical trips only within approximately ten (10)miles of the
Orange County border.
Participating cities and eligible agencies also have discretion in how the service is
operated .Senior transportation services may be operated using employees,
volunteers,or the jurisdiction may contract with a third -party service contractor .
Contractors must be selected using a competitive procurement process and the
participating city and eligible agency must ensure the contractor is in compliance
with program guidelines and provisions included in the cooperative funding
agreement .
Participating cities and eligible agencies whose program offers subsidized taxi
service for seniors must ensure trips provided with SMP funding are consistent
with the trip types as specified in these guidelines.
Wheelchair accessible vehicles must be available for SMP service.
Participating cities and eligible agencies will perform,or ensure that a contractor
performs,maintenance of all vehicles used in the Senior Mobility Program.
Participating cities and eligible agencies will ensure that its operators,or its
contracted operators,are properly licensed and trained to proficiency to perform
duties safely,and in a manner which treats its riders with respect and dignity.
Participating cities and eligible agencies may receive one retired OCTA ACCESS
paratransit vehicle per year,free of charge,to support their senior transportation
programs subject to availability.Any retired ACCESS vehicles in excess of one (1)
per year may be purchased for a cost equivalent to the refurbishment cost incurred
by OCTA.
3
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
7.0 Service Plan Adoption
Participating cities and eligible agencies shall submit to OCTA a SMP Service Plan
which defines program services (Exhibit A).The Service Plan must be submitted
using a template provided by OCTA and must be adopted by the participating cities
and eligible agencies ’governing body and approved by the OCTA Board of
Directors.Any revision to the adopted SMP Service Plan must be submitted to
OCTA in advance for review and approval.Revisions to the trips listed on the
Service Plan will require an amendment to the cooperative funding agreement prior
to implementing a change in program services .
8.0 Insurance
Participating cities and eligible agencies shall procure and maintain insurance
coverage as specified in their SMP cooperative agreements with OCTA .
9.0 Drug and Alcohol Testing
Participating cities and eligible agencies shall establish and implement an alcohol
and drug testing program that complies with 41 U.S .C.sections 701-707,(the Drug
Free Workplace Act of 1988),and will produce any documentation necessary to
establish its compliance with sections 701-707 .
10.0 Marketing and Outreach
Participating cities and eligible agencies shall participate as appropriate in OCTA
marketing and outreach efforts to encourage the use of fixed route transit service
by older adults.
11.0 Recognition of OCTA Sponsorship
Participating cities and eligible agencies shall note OCTA sponsorship in any
promotional material for senior mobility services funded by OCTA and shall display
an OCTA -provided OC Go Senior Mobility Program decal on vehicles used in this
Program ,excluding taxis.
12.0 Vehicle Maintenance
Participating cities and eligible agencies shall perform or ensure that a contracted
vendor performs maintenance of all vehicles used in the Program,including:
Daily pre-trip inspections and completion of checklists identifying each
vehicle component and system inspected .
Scheduled preventive maintenance that meets or exceeds the vehicle
manufacturer’s standards .
Maintaining maintenance records for each vehicle for five (5 )years.
4
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
If required ,cooperation in annual motor coach carrier terminal inspections
conducted by the California Highway Patrol .
13.0 Eligible Expenses
Participating cities and eligible agencies shall ensure M2 funds are used for eligible
direct program-related expenses which may include contract service providers,
staff time,vehicle maintenance,fuel,insurance,vehicle acquisition,program
supplies and materials,marketing materials ,and community outreach.
Participating cities and eligible agencies shall ensure all costs are program-related
and are fair and reasonable.Administrative costs up to 10 percent (10%)are
allowed and considered eligible program expenses.All program expenses are
subject to audit.
No M2 funding shall be used by a participating city and eligible agency for other
than transportation purposes authorized in the M2 Ordinance.
14.0 Program Revenue
Participating cities and eligible agencies must maintain adequate controls for
collecting and reporting program revenue,including donations,fees,and cash
fares .Program revenue must be used to support the transportation service and
may be used as part of the participating cities and eligible agencies’20 percent
(20%)local match requirement.
15.0 Reporting
Participating cities and eligible agencies are required to submit reports using
templates provided by OCTA.Required reporting data will include,but not be
limited to ,the following:
A .Operational Reports
•Number of Trips by Category
•Vehicle Service Hours
•Vehicle Service Miles
Operational reports are due thirty (30)days after the end of the service month.
B.Financial Reports
•Program Cost Detail by Expense Category and %of Total Operating Cost
•Fares,Fees and Other Operating Revenue
•Participating City and Eligible Agency Total Contribution &Source
•Participating City and Eligible Agency Share as %of Total Operating Cost
•Cumulative Participating City and Eligible Agency Share to Date
•OCTA Contribution
•OCTA Contribution as %of Total Operating Cost
5
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
•Cumulative Contribution Received from OCTA
•Total Monthly Program Operating Cost
•Cumulative Total Program Operating Cost
Financial reports are due sixty (60 )days after the end of the quarter.Reports
must be certified by the participating city and eligible agency’s Finance Director
or Finance Director’s financial designee.
Participating cities and eligible agencies shall be required to maintain
supporting documentation to substantiate reporting data .Supporting
documentation may include,but is not limited to,actual receipts,contractor
invoices ,trip sheets,payroll,timesheets,fuel logs,and maintenance
records/receipts.
C .Annual Questionnaire and Document Request (AQDR )
Participating cities and eligible agencies shall certify their compliance with these
Guidelines annually by having their City Manager or City Manager’s department
director designee sign a completed version of a questionnaire sent out by OCTA .
Jurisdictions shall also submit all compliance-related documents requested by
OCTA .Completed AQDRs must be submitted to OCTA within ninety (90)days of
the end of the fiscal year reported upon.
Failure to meet the established reporting deadlines for any of these reports may
result in future withholding of funding and /or other sanctions to be determined.
16.0 Audits &Inspection of Records
M2 funding is subject to audit.Participating cities and eligible agencies shall
maintain program documentation and records for a period of no less than five
years .Program documents and records,including but not limited to payroll ,trip
sheets,invoices,vehicle maintenance,fuel,and other program-related expenses,
shall be available for review by OCTA SMP administrators,auditors ,and
authorized agents upon request.Participating cities and eligible agencies must
follow established accounting requirements and applicable laws regarding the use
of public funds.Failure to submit to an audit in a timely manner may result in
withholding or loss of future funding.Failure to comply with the approved Service
Plan will require remediation which may include repayment,reduction in overall
allocation,and/or other sanctions to be determined by the OCTA Board of
Directors.
Audits shall be conducted by the OCTA Internal Audit Department,or other
authorized agent,as determined by OCTA.
6
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 1
OCTA’s failure to insist in any one or more instances of a participating city and
eligible agency ’s performance of the provisions set forth in these guidelines shall
not be construed as a waiver or relinquishment of the participating city and eligible
agency ’s obligation to comply with these guidelines.
Moreover,only the OCTA Board of Directors shall have the authority to alter and/or
waive any requirements/obligations set forth in these guidelines.
7
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 2
ttUUY DAMACit:Orange County Transportation Authority
ACCESS PREOPERATION INSPECTION
DEFECT REPORTOCTA Circle and describe any damage to a bus on diagram
of front/rear and two side views
Bus/Van No.
Federal Regulations state that no motor vehicle carrying passengers for hire
shat be dnven unless the driver has determined that the fotowmg parts and
accessories are in good working order.Each dnver is required to submit a
signed written report daily for each coach driven.
1st Driver:
Mites Finish:
No Defects:
2nd Driver
Mites Finish:
No Defects
Date:
Description
no
Mites Start.
Defects:Signature:
Mites Elapsed
Description
Mites Start
Defects:Signature:
Mites Elapsed:
3rd Driver
Mites Finish:
No Defects
Mites Start
Defects:Signature
Mites Elapsed
Description
PREOPERATIONS INSPECTIONS
UIndicatewithan(x)that each Hem has been checked
AM/PM
Tires/Lug Nuts (wheels &nms)_J _Motor-Guard
Air System
Ljghts/Reftectors_/_Wheelchair Lifts
Wheelchair Lift Cover_/_Mirrors_/_Windshield Wipers/Washers
Fire Extinguisher_/_Steenng Mechanism
AM/PM
Emergency Reflectors
Turn Signal Swrtch/Hom
First Aid Kit_/_Radio_/_Driver's Seat/Belt_/_Door Interlock
W/C Tie Down Straps
Manual Lift Bar_/_Conduct Walk Around
Parking/Brakes/Service
Brakes
Description:
uu uu
OPERATOR(S ):
IMPORTANT!Help expedite repairs by providing necessary
information regarding defects1 Please print
DEFECTS:Indicate with an (x)defective Kerns only :(Explain in Detail)
BRAKES_Brake Fluid Leaks_Soft/Hard_Pull to L/R_Dragging_Smoking_Emergency Brake_Other -exptam
T1RES/WHEEL S
RETARDER ENGINE_Light On:
Brakes Not Applied _Low Oil/Oil Leaks_Starts Hard__No Power/Eng.Ck.Light_Smokes_Idles Rough/Vibration_Exhaust.Vacuum Leaks_Fuel Leaks/LPG/Gas_Other -explan
_Hot Engme/Water Leaks
_Light On:
Brakes Appted.
Bus Stopped_Ught Not On:
Brakes Appted.
Bus Moving
Flat A/D A HEATING
Off_Embedded Object TRANSMISSION
Too Cold/Hot
Defroster Defect
LF RF RRi RRO LRi LRO _Ventilation (Blowers)_Fumes_Other-explan
_Wont Go Into Gear_Slips/Grinds/Lurches_Excessive Noise_Leaks_Drive Line Vibration_Rear End Noise
Cut
Smooth/Cord_Loose Missing Lugs_Other -exptan REPAIRS MADE:
ENTRANCE/EXIT DOORS/LIGHTS_Interior_Extenor_Location:
WINDOWS STEERING_Hard/Binds_Shimmy_Excessive Play_Other -explan
Slow_Inoperative_Leaks Air_Excessive Play_Other -explan_Emergency Releases
VEHICLE CLEANLINESS
Intenor
Extenor
ELECTRICAL EQUIPMENT
Generator /Starter
WHEELCHAIR LIFTFloor _Turn Signals/Flashers_Horn_Fare Box_No Restrart DownAJp _Instruments/Gauges_Lift Will Not Fold Into _Fuel.Oil.Amp Meter
Will Not Fold Out
WiH Not Lower/Raise
_Windows_Seat Condition
Explain:
Bus ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED:
1ADIO Seats Handrails _Modesty Panels
Supervisor 's Signature Date
inrT r\*r\rw*er\m tr -n
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 3cfcGo7!\Senior Mobility Program
Monthly Reporting Form
Local Tax Dollars at Work OCTA
Agency Information
Month of:JulyServiceforthe-
Participating Agency:
Agency Contact Name:
Contact Number /Email:
Year of:2021
Operational Data
Service MilesOne-Way Trips Service Hours
Jul 2021 Jul 2021 Jul 2021TripCategoryFYTDFYTD FYTD
Senior Center
Medical
Nutrition
Shopping
Personal Care
Social &Recreational
Amusement Park
Aquarium /Zoo
Beach /Park
Charity -Social Group Event
Community-Cultural Event
Education /Employment
Family-Friends
Funeral /Memorial Service
Government Office /Service
Library /Museum /Historical Site
Movies /Theater /Concert
Religious Institution
Restaurant
Sporting /Fitness
Transit Center /Hub
Total
Declaration and Submission Confirmation
Agency hereby certifies that this report is a complete and correct statement of the program 's operating data.
Submitted By:
Signature:Date:
THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH
Please send this report by email to CTSPROGRAMS @ OCTA.NET .
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT A
ATTACHMENT 3
OCGO W!Senior Mobility Program
Monthly Reporting Form
Local Tax Dollars at Work OCTA
Agency Information
Month of:JulyServiceforthe-
Participating Agency:
Agency Contact Name:
Contact Number /Email:
Year of:2021
Financial Summaries
Jul 2021 FYTD
%of Total %of TotalCostCostCostCategory
$0.0%0.0%Direct Cost:Contracted Services
Direct Cost:In-House Labor
Direct Cost:Vehicle Expenses
Direct Cost:Marketing /Outreach
Subtotal Direct Costs
Yes
$0.0%0.0%
$0.0%0.0%
$0.0%0.0%
$$
$$0.0%0.0%Indirect Costs?
$$0.0%0.0%Total Expenses
Jul 2021 %of Total %of TotalAboveTotalExpensesPaidBy...FYTD
$$OCTA Contribution 0.0%0.0%
$$0.0%0.0%Agency Contribution
$$Total Contributions 0.0%0.0%
Jul 2021 %of Total %of TotalFYTDAboveAgencyContributionSources
$General Fund /In-Kind
General Donations
0.0%0.0%
$0.0%0.0%
$Transportation Fees /Rider Fares
Title NIB Funds
0.0%0.0%
$0.0%0.0%
$Other 0.0%0.0%
$0.0%0.0%Other
$0.0%0.0%Other
$$0.0%0.0%Total Agency Contributions
Declaration and Submission Confirmation
Agency hereby certifies that this report is a complete and correct statement of the program's financial data.
Must be by the Finance Director or DesigneeSubmittedBy:
Signature:Date:
THIS REPORT IS DUE NO LATER THAN 60 DAYS AFTER THE END OF THE SERVICE QUARTER
Please send this report by email to CTSPROGRAMS @ OCTA.NET .
COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT B
—National Drug-Free
Workplace Alliance
DRUG -FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law,enacted November 1988,with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act ,(raising the contractor amount from
$25 ,000 to $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
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COOPERATIVE AGREEMENT NO.C-1-3230
EXHIBIT B
Temporary personnel and consultants who are on the grantee's payroll are
covered .Similar workers,who are not on the grantee's payroll,but on the payroll
of contractors working for the grantee,are not covered even if physical place of
employment Is in the grantee's workplace .
By establishing a continuing,drug-free awareness program to inform employees
of the dangers of drug abuse;the company's drug-free workplace policy;the
penalties for drug abuse violations occurring in the workplace;the availability of
any drug counseling,rehabilitation,and/or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5 )calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10 )days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures,including
termination,for an employee convicted of a drug abuse violation in the
workplace .These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good -faith"effort to comply with all of the requirements
as set forth in the Drug-Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant,suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office,has not fulfilled the
requirements of the law,or has excessive drug violation convictions in the
workplace .Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug-free workplace.The contract or grant officer
may determine the number on a case-by-case basis.Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5 )
years.Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug-free Workplace Act does not require employers to establish an
employee assistance program (EAP)or to implement drug testing as a part
of the program.
Source:Federal Registers April 11,1988 &May 25,1990 &the Federal Acquisition Streamlining
Act of 1994 (FASA ).
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Revised:03/03/2010