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Home My WebLink AboutOrange County Transportation Authority - 2011-06-20 1 AMENDMENT NO. 2 TO 2 COOPERATIVE AGREEMENT NO. C-1-2475 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF HUNTINGTON BEACH 7 THIS AMENDMENT NO.2 is effective this 7 D day of , 2017, by and between 8 the Orange County Transportation Authority (hereinafter referred to as "AUTHORITY"), and the City of 9 Huntington Beach (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes 10 individually referred to as the"PARTY" and collectively as the "PARTIES." 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-1-2475 dated June 27, 2011, as changed by Amendment 13 No. 1 dated July 28, 2016, AUTHORITY and CITY entered into a contract to provide the Senior Mobility 14 Program concerning senior transportation services; and 15 WHEREAS, AUTHORITY and CITY agree to revise the Exhibit A, Senior Mobility Program 16 Agency Service Plan to add "restaurants, visits with family and friends and work/volunteer' to item 3 of 17 Service Description; 18 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 19 Amendment No. 2 to Cooperative Agreement No. C-1-2475 is hereby amended in the following particular 20 only: 21 Amend EXHIBIT A. "Senior Mobility Program Agency Service Plan": as changed by 22 Amendment No. 1, to delete page 2 in its entirety and replace with Attachment 1 to this Amendment. 23 / 24 / 25 / 26 / Page 1 of 2 J AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2475 1 The balance of said Agreement remains unchanged. 2 This Amendment No. 2 to Cooperative Agreement No. C-1-2475 shall be made effective upon 3 execution by both PARTIES. 4 IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 2 to 5 Cooperative Agreement No. C-1-2475 to be executed on the date first above written. 6 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 7 8 By(39� By Barbara Delgleize Pia Veesapen 9 Mayor Manager, Contracts and Procurement 10 11 I i ATTEST: , APPROVED AS ORM: /7 By 13 i Robin Estanislau Ja s M. Doni h City Clerk neral Counsel 14 15 APPROVED AS TO FORM: 16 17 B Y p Mic el E. Gates C' Attorney 19 20 21 22 23 ^' 24 25 26 Page 2 of 2 ATTACHMENT 1 AMENDMENT NO. 2 to AGREEMENT NO. C-1-2475 3. Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program: (check all that app)y) 7 Senior Center W1 Nutrition 0 Medical © Personal Care Shopping © Social/Recreational(please List locations) OC Fair, Local Senior centers for activities, Alzheimer's Family Services Center, Bowers Museum, Orange County Zoo, Restaurants, visits with family and friends and work/volunteer. J 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? O yes O No If yes,please list the trip purpose and destinations: (eq., medical trips to the VA Hospital in Long Beach) 5. Fare structure: Free-donations accepted 6. Number of vehicles: 17 7. Projected annual ridership: 32,000 8, Source(s] of 20 percent match funding: Hoag Hospital 2 M OCTA AFFILIATED AGENCIES March 24, 2017 Orange County Transit District Local Transportation Ms. Janeen Laudenback Authority City of Huntington Beach Service Authority for 2000 Main Street Freeway Emergencies Huntington Beach, CA 92648 Consolidated Transpottion Service Agency SUBJECT: AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2475 Congestion Managemanl Agency Dear Ms. Laudenback: Service Authority for Abandoned Vehicles Enclosed is the original document for Amendment No. 2 to Agreement No. C-1-2475 for your review and signature. Please execute the document in blue ink where indicated and return to Sue Ding by Friday, March 31, 2017. The first page of the document will be completed by the Authority upon final execution. Should you have any questions, please contact Ms. Ding at (714) 560-5631. Sincerely, &Z � Cathy Foreman Office Specialist Contracts Administration and Materials Management Enclosure Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) Dept. ID CS 16-019 Page 1 of 2 Meeting Date: 7/18/2016 r 4 � CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION F MEETING DATE: 7/18/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of Amendment No. 1 to the Orange County Transportation Authority (OCTA) Cooperative Agreement No. C-1-2475 for Senior Mobility Program (SMP) transportation services provided by the City of Huntington Beach and extend the term of the agreement through June 30, 2021; and, approve the appropriation of OCTA Senior Mobility grant funds on an annual basis through the term Statement of Issue: There is a need to approve Amendment No. 1 to the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) Cooperative Agreement No. C-1-2474 extending the term of the agreement an additional five years to June 30, 2021, for the provision of senior transportation services within the City. Financial Impact: The grant award amount varies yearly based on actual Measure M funds received and the City's senior population. The City is obligated to provide a twenty percent (20%) match as part of the cooperative agreement. In FY 16/17, the OCTA grant award amount is $291,504. The OCTA Share of this grant is $233,203 which is budgeted in SMP Fund 963. The 20% match obligation is $58,301 and is met through donations to be received from Hoag Memorial Hospital Presbyterian as part of the City's MOU approved by City Council on November 14, 2014, and authorized for appropriation in Donations Account 10345502. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Cooperative Agreement No. C-1-2475 Between Orange County Transportation Authority and City of Huntington Beach fo Senior Mobility Program" extending the term of the agreement to June 30, 2021, upon final review and approval by the City Attorney; and, B) Approve the appropriation of OCTA Senior Mobility grant funds on an annual basis through the term of June 30, 2021, as included in Amendment 1 to Agreement No. C-1-2475. Alternative Action(s): Do not approve Amendment 1 to Cooperative Agreement No. C-1-2475 with the Orange County Transportation Authority for Senior Mobility Program and direct staff to reduce transportation service levels accordingly. Item 14. - 1 H B -202- Dept. ID CS 16-019 Page 2 of 2 Meeting Date: 7/18/2016 Analysis: In 1998, OCTA initiated a pilot Senior Mobility Program, which provided transit subsidies and Older Americans Act funding to allow cities to develop locally designed and operated senior transportation programs to meet local needs. Huntington Beach was one of six cities that participated in the pilot project. In 2001, the OCTA Board approved a ten-year, $28 million Senior Mobility Program which provided senior transportation funding to the City of Huntington Beach through June 30, 2011, for the "Surf City Seniors on the Go!" senior transportation program. This program was created to address the growing number of older adults in Orange County who are in need of dependable, affordable transportation. The "Surf City Seniors on the Go!" senior transportation program is a donation based program that provides curb-to-curb transportation services to doctor's offices, shopping centers, social services, and the senior center for Huntington Beach seniors 60 years of age and older; providing 32,000 trips annually. Amendment 1 was approved by the OCTA Board of Directors on June 12, 2016, and is retroactive from July 1, 2016. At the time of this staff report, the City is not yet in receipt of the executed agreement from the OCTA. However, the OCTA has provided the draft Amendment (Attachment 1) so that the City Council would be able to review the amendment. The amendment lists the City's obligations of which the significant items are listed below: 1) Using funds exclusively for providing accessible senior transportation services as specified in Exhibit A (the City's Senior Mobility Service Plan) 2) Adopting the Service plan by the City Council (adopted by City Council on May 2, 2016) 3) Complying with all provisions of SMP Guidelines 4) Providing a 20% match (achieved through the City's partnership with Hoag Memorial Hospital Presbyterian) 5) Extending the term of the agreement to June 30, 2021 Due to the timing of this RCA, staff is requesting that the City Council approve the draft agreement and authorize the Mayor and City Clerk to fully execute the Agreement upon final approval from the City Attorney. Environmental Status: Not applicable Strategic Plan Goal: Improve Quality of Life Maintain and Enhance Public Safety— by providing non-emergency medical/other transportation for older adults. Attachment(s): 1. "Amendment No. 1 to Cooperative Agreement No. C-1-2475 Between Orange County Transportation Authority and City of Huntington Beach fo Senior Mobility Program" 2. Original Cooperative Agreement C-1-2475 dated June 27, 2011 HB -203- Item 14. - 2 AmIR15-OTACHMENT ifl OCTA BOARD OF DIRECTORS Lori Donchak Chair June 16, 2016 Michael Hennessey Vice Chair Lisa A.Bartlett Director City of Huntington Beach Andrew Do Janeen Laudenback Director 2000 Main Street Steve Jones Huntington Beach, CA 92648 Director Jim Katapodis Subject: Amendment No. 1 to Cooperative Agreement No. C-1-2475 Director Jeffrey way Director Dear Ms. Laudenback: D Gary Miller Director Enclosed is the original document for the subject agreement for review and Al Murray signature. Director Shawn Nelson Please execute the document in blue ink where indicated and return the signed Director original to Sue Ding no later than Friday, July 15, 2016. E D 7�zz Miguel Pulido Director Tim Shaw If you have any questions, please contact Sue Ding at (714) 560-5631 or Director sding@octa.net Todd Spitzer Director Sinc rely, Michelle Steel Director 6t4 M-- Tom Tait Director Kristen Mason FrankUry Section Manager, Maintenance Procurement Director GregoryT Winterbottom Enclosure Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main Street/P.O. Box 14184/California 92863-1584/(714) 560-OCTA(6282) City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov �,190 Office of the City Clerk t 9, Robin Estanislau, City Clerk July 15, 2016 Kristen Mason Section Manager, Maintenance Procurement Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Ms. Mason: Enclosed is one original of the "Amendment No.,1 to Cooperative Agreement No. C-1-2475 Between Orange County Transportation Authority and City of Huntington Beach for Senior Mobility Program." Upon complete execution, please return a fully executed copy of "Amendment No. 1 to Cooperative Agreement No. C-1-2475 Between Orange County Transportation Authority and City of Huntington Beach for Senior Mobility Program." to us. Please mail the document to: Robin Estanislau City Clerk 2000 Main Street, 2"d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Robin Estanislau, CMC USPS TRACKING 9 9114 9014 9645 0641 4207 94 City Clerk &CUSTOMER For Tracking or inquiries go to USPS.com RECEIPT or call 1-800-222-1811. RE:pe Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand --Distributed. G Accounting CAMM FPA PM CVeendor 1 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-2475 - 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM 8 THIS AMENDMENT NO. 1 is made and entered into this -1 q day of ✓ , 2016 by and 9 between the Orange County Transportation Authority, a public corporation of the State of California 10 (hereinafter referred to as "AUTHORITY"), and the City of Huntington Beach (hereinafter referred to as 11 "CITY'). 12 RECITALS 13 WHEREAS, by Agreement No. C-1-2475 dated June 27, 2011, AUTHORITY and CITY are 14 entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation 15 services; and 16 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County 17 Local Transportation Authority Ordinance No. 3; and 18 WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and 19 Policy Guidelines ("Guidelines"); and 20 WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through 21 June 30, 2021; 22 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 23 Amendment No. 1 to Cooperative Agreement No. C-1-2475 is hereby amended in the following 24 particulars only: 25 1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to 26 this Amendment. Page 1 of 2 AMENDMENT NO. 1 TO AGREEMENT NO. C-1-2475 1 2. Amend ARTICLE 4. TERM OF AGREEMENT: Page 5 of 9, line 23, to delete 2 "June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021." 3 3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECORDS: Page 6 of 9, line 25 to 4 delete "four (4) years" as the period for audit and inspection record, and in lieu thereof insert 5 "five (5) years". 6 The balance of said Agreement remains unchanged. 7 Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement 8 No. C-1-2475 shall be made effective on July 1, 2016. 9 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative 10 Agreement No. C-1-2475 to be executed on the date first above written. 11 CITY OF HUNTINGTO E CH ORANGE U TY RANSPORTATION AUTHORITY 12 i _ 13 By By 7 atap s Darrell ohn 14 Ma or Chief xecutive Officer 15 APPROV AS TO F M: ; 16 17 ByC / 1 ` c:� /� BY I Robin Estanislau Ja s M. Donich i 18 City Clerk eneral Counsel 19 A PROVED: 20 � { 21 By By C Mi ael Gates DM (okLZWa Beth McCormick 22 Cii y Attorney General Manager, Transit 23 (, 24 25 26 Page 2 of 2 Attachment 1 to AMENDMENT NO. 1 TO AGREEMENT NO. C-1-2475 1 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 2 A. AUTHORITY agrees to provide funds per the following: 3 1. Services provided under the Senior Mobility Program are available to individuals 4 60 years of age and older. 5 2. Funds for the program are identified as one percent (1%) of Renewed 6 Measure M (M2) net sales tax revenue and will be allocated to all local jurisdictions based upon the 7 participating entity's respective percentage of the senior population of the entire county. 8 3. Senior population will be determined by using the most current official 9 decennial Census information provided by the U.S. Census Bureau. 10 4. All active participants will receive their portion of funding on a bi-monthly 11 basis. 12 B. AUTHORITY agrees that Net Revenues allocated shall be expended within three years 13 of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be 14 granted beyond a total of five (5) years from the date of the initial funding allocation. 15 C. In the event the time limits for use of Net Revenues are not satisfied, then any retained 16 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 17 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 18 allocation to any project within the same source program at the discretion of AUTHORITY. 19 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 20 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 21 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation, based on 22 availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY. 23 ARTICLE 3. RESPONSIBILITIES OF CITY 24 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2.A. 25 above will be used exclusively for providing accessible senior transportation services as specified in 26 Exhibit A entitled "Senior Mobility Program Service Plan." Page 1 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C-1-2475 1 B. CITY will ensure the Service Plan is adopted by their governing board in accordance 2 with Section 7.0 of the SMP Funding and Policy Guidelines. 3 C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation 4 Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula 5 allocation for this program. 6 D. CITY agrees to comply with all provisions of the SMP Guidelines included as Exhibit B. 7 E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of 8 receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be 9 granted beyond a total of five (5) years from the date of the initial funding allocation. 10 F. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 11 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to 12 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 13 any project within the same source program at the discretion of AUTHORITY. 14 G. CITY agrees to match a minimum of twenty percent (20%) of the total annual program 15 expenditures. Local match may be made up of cash-subsidies, fare revenues, donations, or in-kind 16 contributions, such as salaries and benefits for the CITY employees who perform work on the 17 program. 18 H. CITY may contract with a third-party service provider to provide senior transportation 19 services provided that: 20 1. Contractor is selected using a competitive procurement process; and 21 2. Wheelchair accessible vehicles are available and used when requested. 22 I. CITY shall procure and maintain insurance coverage during the entire term of this 23 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 24 provide the following insurance coverage: 25 / 26 / Page 2 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C-1-2475 1 1. Commercial General Liability, to include Products/Completed Operations, 2 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 3 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 4 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 5 combined single limit of$1,000,000.00 each accident; 6 3. Workers' Compensation with limits as required by the State of California including a 7 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 8 4. Employers' Liability with minimum limits of$1,000,000.00; and 9 J. Proof of such coverage, in the form of an insurance company issued policy 10 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 11 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 12 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 13 employees and agents designated as additional insured on the general and automobile liability. Such 14 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 15 AUTHORITY. 16 K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 17 Number C-1-2475; and, the Senior Contract Administrator's Name, Sue Ding. 18 L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 19 Mobility Program. CITY shall submit monthly summary report by the end of the following month as 20 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 21 Agreement, which is incorporated into and made part of this Agreement. 22 M. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 23 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 24 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 25 jurisdiction's fiscal year and include the following: 26 / Page 3 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C-1-2475 1 1. All Net Revenue fund balances and interest earned. 2 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 3 program or project. 4 N. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY 5 agrees to transfer vehicle title and registration within fourteen (14) calendar days from taking 6 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 7 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) calendar days 8 from taking possession of the vehicle. 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 4 of 4 EXHIBIT A Senior Mobility Program Agency Service Plan Agency: City of Huntington Beach Senior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA)Senior Mobility Program(SMP)must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines,included as Attachment 1,and submitted to OCTA for review. Upon review from OCTA,the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new-Service Plan. Participant Information: Agency Surf City Seniors on the Go Date 3/29/16 Program Contact Brandi Kelly-Contreras Phone Number 714-374-1518 Email bkelly@surfclty-hb.org Service Description: 1. Program goals and objectives: Our goals are to provide the bestposs►ble service to our senior community.While maintaining their independence and allowing them the freedom to travel throughout their community.With services that meet the needs of our senior community and helps foster respect,dignity and quality of rife. 2. Indicate how S-MP service will be operated: (Please check all that apply) Directly Operated Contract Service Provider Volunteers Subsidized Taxi Program Other(Please descrfhe) 3, Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program; (check all that apply) Senior Center aNutrition Medical WlPersonal Care a Shopping 0 Social./Recreational(please list locations) OC Fair, local senior centers for activities, Alzheimer's Family Services Center, Bowers Museum, and Orange County Zoo. 4. SMP Guidelines restricts trips outside of Orange County to medical taps within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? O yes (D No If yes,please.list the trip purpose and destinations:(eg., medical trips to the VA Hospital in Long Beach) 5, Fare structure: Free-donations accepted 6. Number of vehicles: 17 7. Projected annual ridership: 32,000 S. Source(s) of 20 percent match funding: Hoag Hospital 2 Program Requirements: 1. jurisdiction/Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals.(RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction/Agency will perform,or ensure that a contracted vendor performs,maintenance of all vehicles used in the Senior Mobility program,including,at a minimum: a) Daily Pre-Trip Inspections that meet or exceed the guidelines provided in the attached Pre-Trip Inspection Checklist(Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (S) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction/Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity.Disability awareness and passenger assistance will be included in this training. 4. jurisdiction/Agency will establish and implement.an alcohol and drug program that complies with 41 U.S.C.sections 701-707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701-707, 5. jurisdiction/Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. jurisdiction/Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. Jurisdiction/Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTASeniorMobility Program logo on vehicles used in this program(excluding taxis). 8. jurisdiction/Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF,has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REP ENTATIVE -OCTA REPRESENTATIVE Name: Jim Katapodis Dame: Beth McCormick Title: Mayor Title: General Manager,Transit APPROVED AS TO FORM Signature Joan Flynn 10 City Clerk 3 Michael Gates,City Attomey Dept. ID CS 16-009 Page 1 of 2 Meeting Date:5/2/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/2/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of the Orange County Transportation Authority (OCTA)Agency Service Plan in order to clarify the type of Senior Mobility Program (SMP) transportation services provided by the City of Huntington Beach Statement of Issue: The City of Huntington Beach is required to execute the Orange County Transportation Authority (OCTA) Agency Service plan in order to clarify the type of Senior Mobility Program (SMP) transportation services provided by the City of Huntington Beach. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Orange County Transportation Authority (OCTA) Senior Mobility Program Agency Service Plan" to clarify the type of Senior Mobility Program (SMP) transportation services provided by the City of Huntington Beach. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On June 27, 2011, the City of Huntington Beach entered into a new five-year Cooperative Agreement (C-1-2475) with OCTA to provide transportation services for seniors (Attachment 1). This agreement was approved by City Council at the June 20, 2011, meeting and will expire on June 30, 2016. This agreement will be brought back to City Council under separate cover next month, however, OCTA requires that agencies adopt a new agency service plan prior to any new agreements are executed. The SMP grant currently provides approximately$225,000 in annual funding in support of the "Surf City Seniors on the Go!" transportation program. As part of the contract renewal process and as a result of new OCTA requirements, all agencies receiving Senior Mobility Program grant funding to must complete and approve an Agency Service Plan (Attachment 2). This must be done prior to the expiration of the current agreement in order to continue to receive transportation funding. City staff worked with OCTA on the language contained within, and the plan includes specific language regarding eligible sociallrecreational transportation trips provided by the City of Huntington Beach "Surf City Seniors on the Go!" transportation program. As required, the Agency Service Plan was developed in accordance with SMP Guidelines and was submitted to OCTA for review. With the required OCTA review completed, the Service Plan must HB -229- Item 12. - 1 Dept.ID CS 16-009 Page 2 of 2 Meeting Date:51P12016 now be formally approved by the City Council, and executed by the Mayor and the City Clerk before being forwarded to OCTA for approval by their Board. Any future modifications to SMP services will require submittal of a new Agency Service Plan, Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1. Five-year Cooperative Agreement (C-1-2475) with OCTA to provide transportation services for seniors 2. Senior Mobility Program Agency Service Plan tem 12. - 2 xB -230- EXHIBIT B Senior Mobility Program Project U Funding and Policy Guidelines March 2016 1.0 Overview The Measure M2 (M2) Project U—Senior Mobility Program (SMP) provides funding to support local, community-based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County local jurisdictions based upon their senior population. One percent of M2 net revenue is used to fund the program and local jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. The Orange County Transportation Authority (OCTA) Board of Directors approved these guidelines on March 28, 2016. The purpose is to provide structure and definitions for all eligible M2 jurisdictions receiving SMP funding. OCTA shall enforce the provisions spelled out in these guidelines. 2.0 Objectives ■ To provide for local, community-based senior transportation services. ■ To allow local jurisdictions to develop and implement senior transportation services to serve their community. ■ To provide transit options for seniors which complement rather than duplicate OCTA fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Local jurisdictions must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this program.' Adherence to strict funding guidelines is required. Local jurisdictions are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. 1 Orange County Transportation Authority Ordinance No.3,Attachment B,Section III 1 Page S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx EXHIBIT B 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible local jurisdictions based upon the participating jurisdiction's percentage of the senior population of the county. Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi-monthly basis. SMP funds must be expended within three years of receipt. OCTA may grant a two-year extension beyond the three-year expenditure limitation; however, an extension may not exceed five years from the date of the initial funding allocation. Jurisdictions requesting an extension beyond the three-year limitation must submit a justification letter for review and approval by OCTA at least 90 days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not satisfied, any retained SMP funds that were allocated to an eligible jurisdiction, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in-kind contributions such as salaries and benefits for the jurisdiction's employees who perform work on the program. Jurisdictions may also be required to submit supporting documentation to substantiate local match expenditures. Jurisdictions are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent match requirement must be met by the end of each fiscal year, defined as June 30. Jurisdictions not satisfying the annual 20 percent match shall be subject to withholding of funds from future bi-monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. 21Page S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx EXHIBIT B Example: Total Program Expenditures $100,000 Total M2 Funding Allocation $ 80,000 20% Required Match $ 20,000 Actual Reported Match $ 15,000 Withholding Calculation: Total M2 Funds Spent $ 80,000 M2 Funding Eligibility Based on Actual Reported Match - 60,000 Withholding from Future Allocation(s) $ 20,000 6.0 Service Guidelines Services provided under the SMP are available to individuals 60 years of age and older. Jurisdictions have discretion in the types of trips provided within Orange County, such as trips to/from senior centers, medical appointments, shopping, personal care, and social/recreational activities. Jurisdictions should use discretion when providing trips for social/recreational activities when developing their Service Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately 10 miles of the Orange County border. Jurisdictions also have discretion in how the service is operated. Senior transportation services may be operated using employees, volunteers, or the jurisdiction may contract with a third-party service contractor. Contractors must be selected using a competitive procurement process and the jurisdiction must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Jurisdictions whose program offers subsidized taxi service for seniors must ensure trips provided with SMP funding are consistent with the trip types as specified in these guidelines. Wheelchair accessible vehicles must be available for SMP service. Jurisdictions will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Jurisdictions will ensure that its operators, or its contracted operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Jurisdictions may receive retired OCTA ACCESS paratransit vehicle(s) to support their senior transportation program. Additional retired ACCESS vehicles may be S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx EXHIBIT B purchased, based on availability, for a cost equivalent to the refurbishment costs incurred by OCTA. 7.0 Service Plan Adoption Participating jurisdictions shall submit to OCTA a SMP Service 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 jurisdiction's governing body and approved by the OCTA Board of Directors. Any deviation from the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval and will require an amendment to the cooperative funding agreement prior to implementing a change in program services. 8.0 Eligible Expenses Participating jurisdictions shall ensure M2 funds are used for eligible direct program-related expenses which may include contract service providers, staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies and materials, marketing materials, and community outreach. Jurisdictions shall ensure all costs are program-related and are fair and reasonable. Administrative costs up to 10 percent are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by a jurisdiction for otherthan transportation purposes authorized in the M2 Ordinance. 9.0 Program Revenue Participating jurisdictions must maintain adequate controls for collecting and reporting program revenue, including donations, fees, and cash fares. Program revenue must be used to support the transportation service and may be used as part of the jurisdiction's 20 percent local match requirement. 10.0 Reporting Participating jurisdictions are required to submit monthly reports using a reporting template provided by OCTA (Exhibit B). Required monthly reporting data may include, but is not limited to, the following: o Number of Trips by Category o Vehicle Service Hours o Vehicle Service Miles 4 Page S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx EXHIBIT B o Program Cost Detail by Expense Category and % of Total Operating Cost o Fares, Fees and Other Operating Revenue o Jurisdiction Total Contribution & Source o Jurisdiction Share as % of Total Operating Cost o Cumulative Jurisdiction Share to Date o OCTA Contribution o OCTA Contribution as % of Total Operating Cost o Cumulative Contribution Received from OCTA o Total Monthly Program Operating Cost o Cumulative Total Program Operating Cost Jurisdictions shall also be required to maintain supporting documentation to substantiate reporting data. Supporting documentation may include, but is not limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance records/receipts. Reports are due by the last day of the following month. A preliminary report may be submitted; however, submission of a final report is required within 15 days of the last day of the following month. Failure to meet the established reporting deadline for two months at any time during the fiscal year may result in future withholding of funding and/or other sanctions to be determined. 11.0 Audits & Inspection of Records M2 funding is subject to audit. Jurisdictions shall maintain program documentation and records for a period of no less than five years. Program documents and records, including but not limited to payroll, trip sheets, invoices, vehicle maintenance, fuel, and other program-related expenses, shall be available for review by OCTA SMP administrators, auditors, and authorized agents upon request. Jurisdictions must follow established accounting requirements and applicable laws regarding the use of public funds. Failure to submit to an audit in a timely manner may result in withholding or loss of future funding. Failure to comply with the approved Service Plan will require remediation which may include repayment, reduction in overall allocation, and/or other sanctions to be determined by the OCTA Board of Directors. Audits shall be conducted by the OCTA Internal Audit Department, or other authorized agent, as determined by OCTA. OCTA's failure to insist in any one or more instances of a jurisdiction's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the jurisdiction's obligation to comply with these guidelines. Moreover, only the OCTA Board of Directors shall have the authority to alter and/or waive any requirements/obligations set forth in these guidelines. 5 Page S:\TEMP\Sue D\Agencies\SMP-Attachment B.docx MSenior Mobility Program EXHIBIT C ®cTA Monthly Reporting Form Service for the- Month of: July Year of: 2016 Program Name: Participating Agency: Agency Contact: Contact Number: 113 �r> Qne Way�r�p5 �� 5@fVICC HOUrS �SeMC@ I�II@5�wt� e Tr1' Cate� Senior Center - - - - - Medical - - - - - Shopping - - - Personal Care - - Social/Recreational - - - Toal n` dwa w:,' r r16 � �y6 O�h Cost'Category host Asia. .. � i Service Contract $ - 0.0% $ 0.0% Drivers/Operators/ Dispatchers $ - 0.0% $ - 0.0% Vehicle Maintenance/Fuel/Insurance $ - 0.0% $ - 0.0% Marketing Outreach $ - 0.0% $ - 0.0% Administration $ - 0.0% $ - 0.0% Total1V OCTA Contribution $ - 0.0% $ - 0.0% Agency Contribution $ - 0.0% $ 0.0% Program Revenue $ 0.0% $ 0.0% Source(s)of Agency Contributions: Agency hereby certifies that this report is a true,complete and correct statement of program revenue,costs and operating data. !THIS REPORT�IS DUE?BY<THE LAST!D`AY OF THE-MONTH FOLLOWING1HE'REPORTING MONTH !. Please send this report by email to CTSPROGRAMS@OCTA.NET or by fax to 714-560-5927. If there are any questions, please contact JOANNE JACOBSEN by email atJJACOBSEN@OCTA.NET or JP GONZALEZ by email at JGONZALEZI @ OCTA.NET. ATTACHMENT #2 1 COOPERATIVE AGREEMENT C-9-2475 2 BETWEEN 3 THE ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITY OF HUNTINGTON BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM TN 8 THIS AGREEMENT is made and entered into this 2 day of JE 2011 9 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 10 Orange, California 92863-1584, a public corporation of the state of California,(hereinafter referred to as 11 "AUTHORITY"), and the City of Huntington Beach, 1718 Orange Avenue, Huntington Beach, California 12 92648 (hereinafter referred to as"CITY"). Herein, AUTHORITY and CITY are sometimes individually 13 referred to as the"PARTY' and collectively as the"PARTIES." 14 RECITALS 15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of 16 Huntington Beach; and 17 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) 18 concerning senior transportation services; and 19 WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY 20 and CITY in executing a Senior Mobility Program for senior transportation; and 21 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange 22 County Local Transportation Authority Ordinance No. 3; and 23 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 24 February 14, 2011; 25 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 26 follows: Page 1 of 9 LACamm1CLERl CAL\W0RDPR0MGREMG12475.docx Item 14. - 21 HB -222- AGREEMENT NO. C-1-2476 1 ARTICLE 1.COMPLETE AGREEMENT 2 A. This Agreement, including all exhibits and documents incorporated herein and made 3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior 5 representations, understandings and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s)or condition(s). 7 6, AUTHORITY's failure to insist in any one or more instances upon CIlYs performance of 8 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and e in full force and effect. Changes to any portion of this 10 CITY's obligation in respect thereto shall continu 11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in.writing by an 12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued 13 in accordance with the provisions of this Agreement. 14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 15 A. AUTHORITY agrees to provide funds per the following guidelines: 16 1. Services provided under"the'Senior Mobility Prograni'are available to indivA uals 17 60 years of age,and"older. 18 2. Funds for the program are identified as 1% of Renewed Measure M (M2) net 19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's 20 respective percentage of the senior population for the entire county. 21 3, Senior population will be determined by using the most current official 22 decennial Census information provided by the U.S. Census Bureau. 23 4. All active participants will receive their portion of funding on a bi-monthly 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in fiscal year(FY) 2010-11 as illustrated in Exhibit B,'Senior Mobility Page 2 of 9 L'kCamm\CLERICALWORDPROMGREE\AG12475,docx I HB -223- Item 14. - 22 i AGREEMENT O. C-1-2475 I 1 Program Allocation,"AUTHORITY will allocate Transportation Development Act (TDA)Article 4.5 funds 2 to CITY in an amount no greater than FY 2919-11 funding levels less. 2 SMP revenues for up to three 3 (3)years. Disbursement of TDA funds will occur with the last i-monthly distribution of M2 funds during the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or eneum re .wit'hin three years 5 of rec ipt. AUTHORITY may grant an-extension to .the three-year limit, but.extensions shall not be 7 granted beyond a total of five(5)years,from the date of the initial funding allocation. 3 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Not Revenues and Interest earned thereon shall be available for 11 allocation to any project within the same source grogram at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional: ehicle(s),in excess of their vehicle allocati€iri t a cost of Five 15 Thousand l 611 rs ( 5,000)per vehicle,subject to vehicle availability. 15 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled"Scope of Work.0 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 2 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt AUTHORITY may grant an extension to the three-year limit, but extensions 4 shall not be granted beyond a total of five(5)years from the date of the initial funding allocation. 25 a. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 L:1Camm1CLERICALiWORDPROCAGREEAG 12475.docx Item 14. - 23 1113 -224- AGREEMENT NO, - -2 7 1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 2 any project within the same source program at the discretion of AUTHORITY. 3 E. ITYa gees,to'match twenty . ��C g y percent {20°l�} ofi the'total"ann' l�'formula allocation, 4 Local match�may beimade up,of'cash-subsidies,;fare revenues, or in=kindcontributipns. F. CITY may contract with a third-party service provider to provide senior transportation 6 seR ices provided that, 7 1. Contractor is selected using a competitive procurement process; and 6 2. Wheelchair accessible vehicles are available and used when requested. G. CITE` shall procure and maintain insurance coverage during the entire term of this: 10 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 11 provide the following insurance coverage: 12 1. Commercial General Liability, to include Products/Completed Operations, 13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 14 $1,000,000.00 per occurrence and$2,000,000.00 general aggregate. 15 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 16 combined single limit of$1,000,000.00 each accident; 17 3. Workers' Compensation with limits as required by the State of California including a 18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 19 agents; 20 4. Employers' Liability with minimum limits of$1,000,000.00; and 21 5. Professional Liability with minimum limits of$1,000,000.00 per claim. 22 H. Proof of such coverage, in the form of an insurance company issued policy 23 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,- 26 employees and agents designated as additional insured on the general and automobile liability. Such Page 4 of 9 LiCammICLERICALIWORDPROCAAGREE\AG12475.docx HB -225- Item 14. - 24 AGREEMENT NO. C-1-2475 I insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 2 AUTHORITY, 3 1. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C-1-2475; and, the Senior Contract Administrator's Name,Pla Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K, CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 12 jurisdiction's fiscal year and include the following.- 13 1.All Net Revenue fund balances and interest earned, 14 2, Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 18 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 19 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 2D calendar days from taking possession of the vehicle. 21 ARTICLE A. TER MOF AGREE MENT 22 This Agreement shall commence on July 1, 2011 and shall continue in,full f6e6e aind effect 23 through June 30, 2016, unless earlier terminated or extended` as provided in this Agreement, Al 24 AUTHORTITY, at its sole'disct6fi6n,retains the right to extend this Agreement through June 30,2021 25 26 1 Page 5 of 9 L:1CammkCLERICAL1WORDPROC\AGREEAG12475,dou Item 14. - 25 HB -226- AGREEMENT O. C-1-2475 ARTICLE S. OTICES 2 All Notices pertaining to this Agreement and any communications from the PARTIES may be 3 made by delivery of said notices in person or by depositing said notices in the U.S. Mai), registered 4 or certified mail, return receipt requested, postage prepaid and addressed as follows: 5 To CITY: To AUTHORITY: 6 City of Huntington Beach Orange County Transportation Authority 7 1718 Orange Avenue 550 South Main Street 8 P.O. Box 14184 9 Huntington Beach, California 92648 Orange,California 92863-1584 10 ATTENTION: Randy Pesquiera ATTENTION: Pia Veesapen 11 (714)536-5543 (714) 560-5619 12 ARTICLE 6. FEDERAL STATE AND LOCAL LAWS 13 AUTHORITY and CITY agree that in performance of their obligations under this Agreement, 14 they shall comply with all applicable federal, California state and local laws, statutes and ordinances 15 and all lawful orders, rules and regulations promulgated thereunder. is ARTICLE 7.ORDER OF PRECEDENCE 17 Conflicting provisions hereof, if any, shall prevail in the following descending order of 18 precedence: (1)the provisions of this Agreement, including all exhibits; (2) all other documents, if any, 19 cited herein or incorporated by reference. 20 ARTICLE 8.AUDIT AND INSPECTION OF RECORDS 21 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITYs 22 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY 23 shall maintain such books, records, data and documents in accordance with generally accepted 24 accounting principles and shall clearly identify and make such items readily accessible to such parties 25 during CITY's performance hereunder and for a period of four(4)years from the date of final payment 26 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also Page 6 of 9 L.-NCamm\CLERICALXWORDPROC\AGREE\AG12475.docx 14B -227- Item 14. - 26 AGREEMENT NO. C-1-2475 rrrrY _han narmit any of the foregoinq parties to reproduce 1 extend to 8u m-161 -- 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 9 employees and agents from and against any and all claims (including attorney's fees and 10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 13 connection with or arising out of the performance of this Cooperative Agreement. 14 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full 15 indemnification of AUTHORITY. 16 ARTICLE 11. ALCOHOL AND DRUG POLICY 17 A. CITY agrees to establish and implement an alcohol and drug program that complies with 18 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this 19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 20 compliance with sections 701-707. 21 B. Failure to comply with this Article may result in nonpayment or termination of this 22 Agreement. 23 ARTICLE 11 CONFLICT OF INTEREST 24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to 26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work Page 7 of 9 LACamm1CLERICAL\WORDPROCIAGREEIAG 12475.docx Item 14. - 27 HB -228- AGREEMENT NO. C4.2475 _.�__. „.; owl• nr r rV has, an unfair competitive 1 identified in the Scope of work is or might ue Ouir-1 Qu it,4--, — -- • - 2 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 3 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 4 pursuant to the Article 5. Notices provision herein. This disclosure requirement is for the entire term 5 of this Agreement. 6 ARTICLE 12. CODE OF CONDUCT 7 CITY agrees to comply with the AUTHORITY'S Code of Conduct as it relates to Third-Party 8 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 9 include these requirements in all of its subcontracts. 10 ARTICLE 13. FORCE MAJEURE 11 Either PARTY shall be excused from performing its obligations under this Agreement during 12 the time and extent that it is prevented from performing by a cause beyond its control, including, but 13 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 14 or facilities by the federal state or focal government; national fuel shortage; or a material act of 15 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 16 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 17 not due to the fault or negligence of the PARTY not performing. 18 / 19 20 1 21 / 22 / 23 24 / 25. 26 Page 8 of 9 L:\Camm\CLERICAL\WORDPROC\AGREMG12475.docx HB -229- Item 14. - 28 AGREEMENT N0. C-1-2475 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C-1-247 to be exe d on the date first above written. 5 Cl F I GTON BEACH ORANGE C U TY TRA PORTATION AUTHORITY 6 By BY Car hio Will Kempton 7 eyor Chief Executive Officer 8 - 9 ATTE .T: APPRO D AS TO FORM: 10 BY i �� ; By Jo Flynn Kennard R. Smart,Jr. 11 Clerk General Counsel 12 13 APPROVED AS TO FORM: APP D' l' &. - 14 B By nn(fer cGrath Beth McCormick 15 iiy Attorney General Manager,Transit 16 17 18 19 20 21 22 23 24 25 26 Page 9 of 9 L:%Camm1CLERICALIWORDPROCIAGREEI.AG12475.docx Item 14. - 29 HB -230- AGREEMENT NO. C-1-2475 EXHIBIT A Scope of Work Saninr Mobility Program 1. The City of Huntington Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • Transportation for residents 55 years of age and older to medical appointments, grocery shopping, senior center classes/nutrition site, special events, the adult day center, and life-supporting medical trips, such as dialysis and chemotherapy. • The City shall provide approximately 3000 monthly one-way trips using two 27 passenger buses, two 21 passenger buses, four fill-size vans, four mini-vans, and two sedans. • The hours of service are 8:00 a.m. to 5:00 p.m. • The days of service are Monday through Friday, and occasionally weekends. 2. The City shall follow competitive procurement practices in selection of vendors for all services, which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City may opt to obtain a vehicle(s) during the course of the contract. Additional vehicles may be purchased from OCTA for$5,000 each. The cost of any additional vehicles will be deducted from the next fiscal year allocation. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility Program, including, at a minimum: • Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the attached Pre-Operation Inspection & Defect Report (Attachment 1). • Scheduled preventive maintenance that meets or exceeds the guidelines provided in the attached Senior Mobility P.M. Checklist, including the maintenance of all accessibility features of the vehicles (Attachment 2). 5. The City shall maintain maintenance records for each vehicle for 5 years and shall cooperate fully in annual Motor coach carrier terminal inspections conducted by the California Highway patrol. 6. The City shall ensure that its operators, or its'contracted vendor's operators, are properly licensed and trained to proficiency to perform their duties safely, and in Page 1 of 2 HB -231- Item 14. - 30 AGREEMENT NO. C-1-2475 EXHIBIT A a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 7. The City shall submit a monthly report to OCT A's Community Transportation Services which includes, at a minimum, a monthly and fiscal year-to-date summary of service and expenditures as illustrated in Exhibit C. 8. The City shall participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 9. The City shall note OCTA sponsorship in any promotional material for service funded under this agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this program (excluding taxis). 10.The City shall ensure that it maintains adequate oversight and control overall aspects of service that are provided by a contracted vendor. 11.The City shall participate in the annual National Transit Database (N.T.D.) reporting process if needed. Page 2 of 2 Item 14. - 31 HB -232- Attachment 1 Pre- Operation Inspection & Defect Report tiUUY DAMAC3t: Circle and describe any damage%o a bus on diagram of front/rear and luro side views Eltm/Van No. Date: Federal Regulations stare that no motor vehi=Ae carryft passengers/or hire sha►be driven un]ess tht driver has datennitraU that the tofoWvfg parts and Description. accessories are it good Working order.Each driver is requved to subrr*a _ signed wdHan report defy for aach coach driven. a O let DTivar: Kies Finish: Wes Start. 14es Elapsed: No Defects: ❑ Defeo!❑ SigriaGure: TmiDriver. Description: MA-es Finish: Mies Start: IMiles Elapsed: No Defects: ❑ Defects!❑ Signature: 3rd Driver. Mies F'vdsh; Miles Start: Mlles Elapsed: No Defects: ❑ Defects:❑ Signature: Dest^,ription: PREOPERATIONS INSPECTIONS irrddcate Wrlh an W that each item has been checked.- AMIPM AM/PM Tires/Lug Nuts(Wneeia&rims) /_ Emergency Refk-ctws J_ Motor-Guard _!_ Turn,J_ Air Systmft I First Atd tGtl Sw3ctvHom r Description: J_ Ughts/Reftectors _/_ tW Wheelchair Lifts Radio_/_ Drivers SeaVBea [� 1— Wheelchair Litt Cover J Door Interlock /_ Mifrom _%_ W/C Tte Down Straps I_ WindshiW Wipers-Washers I— Manual Lift Bar _f— Fire EAngtxsher _i Coriduct Walk Around J— Steering Mechanism _%_ Paridng!&akesGervice Brakes DEFECTS: fiokate with an(x)defective derrzt ordy. (Explain in DeW OPERATOR(S): Rt7ARD IMPORTANT! Help expedite repairs by providing necessary _Brake Fluid Leaks —Light On: _Hot Enpirie/Water Leaks information regarding defects' Please punt. —Sof mard Brakes Not Applied—Low On/On Leads _Pug to L/R —Light On_ _5buts Hard _DraggkV Brakes Applied. _No Power/Eng.Cr Light ESm tt Brake Bus �SM -She— —�Not On: —Idles RoughMbration —Carr-tog lain Brakes Applied, _Exhaust.Vacuum teaks TIRESAWSELS Bus Moving _Fuel Leaks/LPG/Gas Flat AC s RE4nNG —CXrW- ;I "+ —Embedded Obtecl OK MAKSMSSrorti _Cut —Too CoidrHol _Won Go Into Gear —Sfnoofh/Cord _Defroster Defect _Sllps/G-AmdsrLurehes _rF RIF aW rMO W lrto _VeftGlation(Blowers) _Emessive Norse _Loose Mmsing Lugs —Funws _Leaks —Onnr-0pia81 _Ou-Vq*qn _Dtrn Line Vibratmn REPAIRS MADE: 1Wm EMRANC&�Xm000Ra, _Rear End Noise _interior WWDOWS STEERING —Exterior _Slow —Hardends —Location! _Inoperative Shimmy Shimmy _Leaks Air _Excessive Play VEWCLECLE4NLM1Fss —Excesut^e Play _Other-Moai<t _lnher or —Dow-e#sin rtt EGttAPR�t T _Exlenor —Alper% Releases _Gerertstor/Startef _Flow wdmcxuRLrPT _Turn /FtasAers Signafs Windows _Will Not Fold Out _Hom Seat Condition, _WEI Not Lower/Raise _Fare lams Explam! —No Restmi t Down/Up _InSCvrne+tts/Gauges _Lill Win Not Foid iMo — Fuel.08,Amp Meter Bus ALL ITEMS COMPLETED-BUS SERVICED AND RELEASED_ Z4Dr0 _Seats —Handrails _Modesty Panes Supervisors Signature Date HB -233- Item 14. - 32 Attachment 2 Inspection Senior Mobility P.M. Check List Date Bus# TERMINAL workorder# Current Mileage Last Inspection miles n k..,,oSr nrr,tA au discrepancies on reverse side Miles between B. Check files and open workorders q d C � C. Interior x a E. Under hood " e' 1 Entry door operation and seals 1 Check for visible leakage 2 Temperature and oil warning devices 2 Engine oil level 3 Neutral safety system 3 Transmission fluid level and condition 4 Horn,gauges and dash lights 4 Brake fluid 5 Heater,defroster and fan 5 Power steering fluid 6 Windshield wipers and washer 6 Check all belts 7 Indicator lights 7 Component and accessory mounting B Throttle operation B Check all hoses and routing 9 Steering free play In. 9 Coolant level and protection Of ph 10 Applied and unappiied brake test for vacum loss 10 Pressure test cooiing system 11 Interior lights 11 Water pump and fan clutch play, 12 Windshield and window glass condition 12 Air filter condition-check resiriction gauge 13 Window mechanism and seals 13 Check exhaust system 14 Seat condition 14 Battery fluid level and mounting 15 interior body,floor and stantions 15 lCiezinbattery and connections 16 Fire extinguisher date and bracket 16 IlDrain fuelfwater separator 17 Road warning devices a 18 First aid kits 19 Emergency exits operation,warning devices and signs F. Under Bus 20 Interior clean 1 Kingpin and wheel bearing play 21 Back up alarm 2 Tire wear,condition and matching 3 Leakage at backing plates and wheel seals 4 Steering box,mounting,leakage,looseness and leaks 5 Front shocks and mounting 6 Front springs,bushings 7 Engine leaks,lines,fliters,hoses and engine mounts 8 Starter and connections a 9 Exhaust system and mounting D. Exterior x e 10 Transmisslon mounted parking brake 1 All exterior lights and signals 11 Transmission leaks 2 Mirror condition and mounting 12 output shaft play 3 Record body damage 13 Driveshaft guard,U joints and retarder 4 Bumper bolts 14 Body fold downs and insulators 5 Paint lettering and appearance 15 Wiring along frame 6 Emergency exits 16 Differential leaks,fluid level 7 Axle flange and lug nuts,oll hubs 17 Pinion play 8 Tire side wail condition,cracked wheels,valve stem 18 Breatharvent Valve stem cap,alignment of rear duels 19 Rear shocks and mounting 9 Tread depth 20 Rear springs,bushings and U bolls LF RF LRO 21 Leakage at backing plates and wheel seals LRI RRO RRI 22 Fuel lank straps and lines 10 Tire inffadon:Record and Inflate 23 Tell pipe hangers LF �RF LRO 24 Luba entire chassis LRI O RRI 25 Check drag link,tie rods and Idler arms Item 14. - 33 HB -234- i Attachment 2 Inspection Senior Mobility P.M. Check List d a D. Brakes x d D. Lfft insaection v ,_,,,,, 1 Check It for proper operations 1 2 Check all lines along chassis 2 Inspect for stress,cracks,mounting and alignment 3 Check brake booster and hoses 3 Check pins 4 Hydraulic lines 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring Remove wheels and check the following items 6 Check all system covers and warning signs 5 Pads and rotors 7 Check safety barrier 6 Check pins and caliber's B Lube complete Gft 9 .Check wheelchair securements,proper amount and operation 10 Llft door warning device 11 Lift cover in place H. Roadtest t. Note repairs needed Signature of inspecting Mechanic Signature of Supervisor 6,000 miles-inspectionloii change 30,000 Transmission service 60,000 Differential service HB -235- Item 14. - 34 i AGREEMENT NO.C-1-2475 EXHIBIT B Senior Mobility Program Allocation ®ETA FY 2010-11 Transportation Development Act Article 4.5 Funds Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Seal Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 401913 Total(Current Participants) $ 1,672,472 Item 14. - 35 HB -236- AGREEMENT NO. C-1-2475 EXHIBIT C win Senior Mobility Program Monthly Reporting Form Fill Monthly Reporting E-Form OC:TA _ fi� ? .tyc a+ �iY` T,i,1� -sa<- n -•�^.� "� a,� ^^`?--, _ .�-i - ,�', Aoruinp. fnr the MnnthfYwarc nf: n �� Program Name: City or Organization: Contact Person: Contact Number: .�f` ��'.�T�'ti: -:��,�, u "i';u ytlS -o+Y_.,tr'-�c - - r"'-:a"'z4 `� :sx.,•� ��t Trip Category One-Way Vehicle Service Vehicle Service Passenger Trip Hours Miles Nutrition Trips: Medical trips: Shopping trips: Other Trips: .(Please specify trip type below") Totals: o o 0 d.{��F-7 _ `�_. C-'-`r`z.!'i, s `sL3�::it b k.: r. _ _- :�4�_ � s„ s'� .�� +..> --._?"-,;1.�:k`?��-�':e�`��.�.r r.� .� - OCTA Monthly Contribution Amount: City Monthly Contribution Amount: Total Operation Cost for Month: Source of City Contributions: `Please specify other trip types being provided to seniors in this space: Please provide The requested Information and submit The completed form to OCTA Attention:JBsslca Daskyne/Community Transportallar,coordinator,by small to Idaekyne@oda.not or by FAX to(714)560-6927. "'By the 15th day of the month following the reporting month"' Please contact Jessica Deakyne at(714)66II-5802 If you have any questions or require assistance with the completion of this form. Comments: TR-80-066.doc(091111/09) Page 1 of i HB -237- Item 14. - 36 AGREEMENT NO. C-1-2475 EXHIBIT D -National Drug-Free wor lace AllianceI 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. Revised:03/03/2010 Page 1 of Item 14. - 37 FIB -238- AGREEMENT NO. C-1-2475 EXHIBIT D Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug-free awareness program to inform employees of the dangers of drug abuse; the company's drug-free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good-faith" effort to comply with all of the requirements as set forth in the Drug-Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a 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 RegistersApffl 11, 1988&May25, 1990&the Federa/Acquisition Streamlining Act of 1994(FASA), Revised.0310312010 Page 2 of 2 HB _239- Item 14. - 38 I 1 COOPERATIVE AGREEMENT C-1-2475 2 BETWEEN 3 THE ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITY OF HUNTINGTON BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM 'fN 8 THIS AGREEMENT is made and entered into this 2 T. day of Ju,.V- , 2011 9 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 10 Orange, California 92863-1584, a public corporation of the state of California (hereinafter referred to as 11 "AUTHORITY"), and the City of Huntington Beach, 1718 Orange Avenue, Huntington Beach, California 12 92648 (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes individually 13 referred to as the"PARTY" and collectively as the"PARTIES." 14 RECITALS 15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of 16 Huntington Beach; and 17 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) 18 concerning senior transportation services; and 19 WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY 20 and CITY in executing a Senior Mobility Program for senior transportation; and 21 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange 22 County Local Transportation Authority Ordinance No. 3; and 23 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 24 February 14, 2011; 25 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 26 follows: Page 1 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 ARTICLE 1. COMPLETE AGREEMENT 2 A. This Agreement, including all exhibits and documents incorporated herein and made 3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior 5 representations, understandings and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s) or condition(s). 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of 8 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and 10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this 11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an 12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued 13 in accordance with the provisions of this Agreement. 14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 15 A. AUTHORITY agrees to provide funds per the following guidelines: 16 1. Services provided under the Senior Mobility Program are available to individuals 17 60 years of age and older. 18 2. Funds for the program are identified as 1% of Renewed Measure M (M2) net 19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's 20 respective percentage of the senior population for the entire county. 21 3. Senior population will be determined by using the most current official 22 decennial Census information provided by the U.S. Census Bureau. 23 4. All active participants will receive their portion of funding on a bi-monthly 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in fiscal year (FY) 2010-11 as illustrated in Exhibit B, "Senior Mobility Page 2 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.doex AGREEMENT NO. C-1-2475 1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds 2 to CITY in an amount no greater than FY 2010-11 funding levels less M2 SIVIP revenues for up to three 3 (3) years. Disbursement of TDA funds will occur with the last bi-monthly distribution of M2 funds during 4 the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years 6 of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be 7 granted beyond a total of five (5) years from the date of the initial funding allocation. 8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 11 allocation to any project within the same source program at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five 15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. 16 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions 24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 2 any project within the same source program at the discretion of AUTHORITY. 3 E. CITY agrees to match twenty percent (20%) of the total annual formula allocation. 4 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions. 5 F. CITY may contract with a third-party service provider to provide senior transportation 6 services provided that: 7 1. Contractor is selected using a competitive procurement process; and 8 2. Wheelchair accessible vehicles are available and used when requested. 9 G. CITY shall procure and maintain insurance coverage during the entire term of this 10 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 11 provide the following insurance coverage: 12 1. Commercial General Liability, to include Products/Completed Operations, 13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 15 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 16 combined single limit of$1,000,000.00 each accident; 17 3. Workers' Compensation with limits as required by the State of California including a 18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 19 agents; 20 4. Employers' Liability with minimum limits of$1,000,000.00; and 21 5. Professional Liability with minimum limits of$1,000,000.00 per claim. 22 H. Proof of such coverage, in the form of an insurance company issued policy 23 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 26 employees and agents designated as additional insured on the general and automobile liability. Such Page 4 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 2 AUTHORITY. 3 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C-1-2475; and, the Senior Contract Administrator's Name, Pia Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 12 jurisdiction's fiscal year and include the following: 13 1. All Net Revenue fund balances and interest earned. 14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 18 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 19 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 20 calendar days from taking possession of the vehicle. 21 ARTICLE 4. TERM OF AGREEMENT 22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect 23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 25 / 26 / Page 5 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 ARTICLE 5. NOTICES 2 All Notices pertaining to this Agreement and any communications from the PARTIES may be 3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered 4 or certified mail, return receipt requested, postage prepaid and addressed as follows: 5 To CITY: To AUTHORITY: 6 City of Huntington Beach Orange County Transportation Authority 7 1718 Orange Avenue 550 South Main Street 8 P.O. Box 14184 9 Huntington Beach, California 92648 Orange, California 92863-1584 10 ATTENTION: Randy Pesquiera ATTENTION: Pia Veesapen 11 (714) 536 - 5543 (714) 560 -5619 12 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS 13 AUTHORITY and CITY agree that in performance of their obligations under this Agreement, 14 they shall comply with all applicable federal, California state and local laws, statutes and ordinances 15 and all lawful orders, rules and regulations promulgated thereunder. 16 ARTICLE 7. ORDER OF PRECEDENCE 17 Conflicting provisions hereof, if any, shall prevail in the following descending order of 18 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, 19 cited herein or incorporated by reference. 20 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS 21 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's 22 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY 23 shall maintain such books, records, data and documents in accordance with generally accepted 24 accounting principles and shall clearly identify and make such items readily accessible to such parties 25 during CITY's performance hereunder and for a period of four (4) years from the date of final payment 26 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also Page 6 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.doex AGREEMENT NO. C-1-2475 1 extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 9 employees and agents from and against any and all claims (including attorney's fees and 10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 13 connection with or arising out of the performance of this Cooperative Agreement . 14 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full 15 indemnification of AUTHORITY. 16 ARTICLE 11. ALCOHOL AND DRUG POLICY 17 A. CITY agrees to establish and implement an alcohol and drug program that complies with 18 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this 19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 20 compliance with sections 701-707. 21 B. Failure to comply with this Article may result in nonpayment or termination of this 22 Agreement. 23 ARTICLE 11. CONFLICT OF INTEREST 24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to 26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work Page 7 of 9 L:\Camm\CLERICAL\WORDPROCWGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive 2 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 3 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 4 pursuant to the Article 5. Notices provision herein. This disclosure requirement is for the entire term 5 of this Agreement. 6 ARTICLE 12. CODE OF CONDUCT 7 CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third-Party 8 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 9 include these requirements in all of its subcontracts. 10 ARTICLE 13. FORCE MAJEURE 11 Either PARTY shall be excused from performing its obligations under this Agreement during 12 the time and extent that it is prevented from performing by a cause beyond its control, including, but 13 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 14 or facilities by the federal state or local government; national fuel shortage; or a material act of 15 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 16 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 17 not due to the fault or negligence of the PARTY not performing. 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 8 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1.2476 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C-1-247 to be exe on the date first above written. 5 CI F GTON BEACH ORANGE C U TY TRA PORTATION AUTHORITY 6 By By 7 Car io Will Kemp ton ayor Chief Executive Officer 8 - 9 ATTE T: APPRO D AS TO FORM: 10 By By 11 Jo Flynn Kennard R. Smart, Jr. t Clerk VVVV General Counsel 12 13 APPROVED AS TO FORM: APP D 14 �.innifer By j r OV15 cGrath Beth McCormick ty Attorney General Manager, Transit 16 17 18 19 20 21 22 23 24 25 26 Page 9 of 9 L1Camm1CLERICRLIWOROPROCIAGREE\AG12475.docx AGREEMENT NO. C-1-2475 EXHIBIT A Scope of Work Senior Mobility Program 1. The City of Huntington Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • Transportation for residents 55 years of age and older to medical appointments, grocery shopping, senior center classes/nutrition site, special events, the adult day center, and life-supporting medical trips, such as dialysis and chemotherapy. • The City shall provide approximately 3000 monthly one-way trips using two 27 passenger buses, two 21 passenger buses, four fill-size vans, four mini-vans, and two sedans. • The hours of service are 8:00 a.m. to 5:00 p.m. • The days of service are Monday through Friday, and occasionally weekends. 2. The City shall follow competitive procurement practices in selection of vendors for all services, which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City may opt to obtain a vehicle(s) during the course of the contract. Additional vehicles may be purchased from OCTA for $5,000 each. The cost of any additional vehicles will be deducted from the next fiscal year allocation. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility Program, including, at a minimum: • Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the attached Pre-Operation Inspection & Defect Report (Attachment 1). • Scheduled preventive maintenance that meets or exceeds the guidelines provided in the attached Senior Mobility P.M. Checklist, including the maintenance of all accessibility features of the vehicles (Attachment 2). 5. The City shall maintain maintenance records for each vehicle for 5 years and shall cooperate fully in annual Motor coach carrier terminal inspections conducted by the California Highway patrol. 6. The City shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform their duties safely, and in Page 1 of 2 AGREEMENT NO. C-1-2475 EXHIBIT A a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 7. The City shall submit a monthly report to OCTA's Community Transportation Services which includes, at a.minimum, a monthly and fiscal year-to-date summary of service and expenditures as illustrated in Exhibit C. 8. The City shall participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 9. The City shall note OCTA sponsorship in any promotional material for service funded under this agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this program (excluding taxis). 10.The City shall ensure that it maintains adequate oversight and control over all aspects of service that are provided by a contracted vendor. 11.The City shall participate in the annual National Transit Database (N.T.D.) reporting process if needed. Page 2 of 2 Attachment 1 t5UUY DAMAGt: Pre- Operation Inspection & Defect Report Circle and describe any damage io a bus on diagram of fronVrear and two side views Bus.,N'an No. Date Federal RegL"oorrs state that no motor vehtae carrying passengers for hire Descrption shad be driven unless the driver has determined chat the fottowing parts and accessories are in,good working order Each drrver is required to subnvt a sagmd written report daily for each coach driven. U' Q lit Driver: Miles Finish: Miles Start: Mies Elapsed: No Defects: 0 Defects:C. Signature. Description: Ynd Driver: Mien;Finish: Mies Start: Miles Elapsed: No Defects: 0 Defects:D Signature: 3rd Driver. Miles Finish: Miles Start, Miles Elapsed. No Defects: C Defects:C Signature: Description PREOPERATIONS INSPECTIONS MEMO indicate with,an(x)that each item has been checked. U AM" AMIPM —1 TsesfLug Nuts.(wheels&rims) —t— Emergency Reflectors Moto€-Guard /_ Turn Signal SwAch[tom Description: ( _i Air System _l_ FM Aid IQ {.... L.ights/Refhectom Radio _f Wheelchair Lifts _!—_ Driver's Seat/Beft _— Wheelchair Lift Covet _;_ Door Interlock Mirrors _/— WIC Tie Down Straps Windshield WipersrWashers _/_ Manual Lift Bar -- Fie Exhnguistrer Conduct Walk around Steering Mechanism —/_ Parking/Brakes/Service Brakes OPERATOR(S): DEFECTS. Indicate with an(x)defectwe'term OW (EXPWn in Detail) IMPORTANT' Help expedite repairs by providing necessary MtAKE CARDER M information regarding defects? Please print. _Brake Fluid Leaks —Li;"On: _Hot Engme/Water Leaks _Soft/Hard Brakes Not Appked ,,,,,Low Oi/Oil Leaks _PuU to LfR _UgH On: —Starts Hard Dragging_ S Brakes Applied. No Power/Eng.Ck.Light _Smoidng Bus Stopped —Smokes _Emergency Braise _tight Not On: —_Idles Rough/Vibration _Darer_mplain Brakes Applied, _Exhaust.Vacuum Leaks TIRPSJWNMS Bus Mloving —Fuel LeakWLPGIGas Flat A(C b MEATtI -.Oew T Embedded Object Off rRANSMSSION Cut _Too Cold/Ho( _Won't Go into Gear SmoottVCord —_Defroster Defect _SttpstGrir d 'L umhes if Rf: RR RRO LM LK, _Ventilation(SkMf ) _Excessive Nome Loose Missing Lugs Furnes Leaks REPAIRS MADE: _0k9W.iiopiain _Ctiw-expiw Drive Line Vibration ENTRANCE.IPXttt306RSr _Rear End Noise _interior WINDO ST R _E.)tenw _Slow HardlBinds _Location: —Inoperative —Shimmy _Leaks Air —Excessive Play VEN-.LE ciFANL01ESS —Excessive Play —C&W-wow Interior Oher- ' ELE-C7'RyCAf EQWP1atEhP7 -Extex>r —Emergency Releases _Generator/Starter Floor WHEEL CHAIP UFT Turn StgrsalsTiashers WirKkwvs _Will Not Fold Out —Horn Sea'Condition _Wilt Not Lawer/Raise _Fare Box may_ _No Resaaui rJWAVUP _Instm ientslGauges _ Lit!Will Not Fold Into —Fuel.Oil,Amp Meter Bus ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED: ZADtO —Seats _ Fiandraits „Mooesty Pa-eels JvDervisor'S J;4`at.. _ --. Date. Attachment 2 Inspection Senior Mobility P.M. Check List Date Bus# TERMINAL workorder# Current Mileage Last inspection miles A. Employee must check off all boxes/Note all discrepancies on reverse side Miles between B. Check files and open workorders C. Interior Y E. Under hood Y 1 Entry door operation and seals 1 Check for visible leakage 2 Temperature and oil warning devices 2 Engine oil level 3 Neutral safety system 3 Transmission fluid level and condition 4 Horn,gauges and dash lights 4 Brake fluid 5 Heater,defroster and fan 5 Power steering fluid 6 lWindshield wipers and washer 1 6 ICheck all belts 7 Indicator lights 7 1 Component and accessory mounting 8 Throttle operation 8 Check all hoses and routing 9 Steering free play In. 9 Coolant level and protection c/f ph 10 Applied and unapplied brake test for vacum loss 10 Pressure test cooling system 11 Interior lights 11 Water pump and fan clutch play 12 lWindshield and window glass condition 12 Air filter condition-check restriction gauge 13 Window mechanism and seals 13 Check exhaust system 14 Seat condition 14 Battery fluid level and mounting 15 Interior body,floor and stantions 15 Clean battery and connections 16 Fire extinguisher date and bracket 16 Drain fuel/water separator 17 Road warning devices 18 First aid kits d 19 Emergency exits operation,warning devices and signs F. Under Bus Y d 20 Interior clean 1 Kingpin and wheel bearing play 21 Back up alarm 2 Tire wear,condition and matching 3 Leakage at backing plates and wheel seals 4 Steering box,mounting,leakage,looseness and leaks 5 Front shocks and mounting 6 Front springs,bushings 7 Engine leaks,lines,filters,hoses and engine mounts 8 Starter and connections 9 Exhaust system and mounting D. Exterior Y v 10 Transmission mounted parking brake 1 All exterior lights and signals 11 Transmission leaks 2 Mirror condition and mounting 12 jOutput shaft play 3 Record body damage 13 Driveshaft guard,U joints and retarder 4 Bumper bolts 14 Body hold downs and insulators 5 Paint lettering and appearance 15 Wiring along frame' 6 Emergency exits 16 Differential leaks,fluid level 7 Axle flange and lug nuts,oil hubs 17 Pinion play 8 Tire side wall condition,cracked wheels,valve stem 18 Breather vent Valve stem cap,alignment of rear duels 19 1 Rear shocks and mounting 9 Tread depth 20 Rear springs,bushings and U bolts LF RF LRO 21 Leakage at backing plates and wheel seals LRI RRO RRI 22 Fuel tank straps and lines 10 Tire inflation:Record and inflate 23 Tail pipe hangers LF RF LRO 24 Lube entire chassis LRI RRO RRI 25 Check drag link,tie rods and idler arms Attachment 2 Inspection Senior Mobility P.M. Check List D. Brakes Y C D. Lift Inspection Y 1 Visible and audible leaks 1 Check lift for proper operations 2 Check all lines along chassis 2 Inspect for stress,cracks,mounting and alignment 3 Check brake booster and hoses 3 Check pins 4 Hydraulic lines 4 Check the complete hydraulic system 5 lCheck micro switches and electrical wiring Remove wheels and check the following items 6 Check all system covers and warning signs 5 Pads and rotors 7 Check safety barrier 6 Check pins and caliber's 8 Lube complete lift 9 Check wheelchair securements,proper amount and operation 10 Lift door warning device 11 Lift cover in place H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic Signature of Supervisor 6,000 miles- inspection/oil change 30,000 Transmission service 60,000 Differential service AGREEMENT NO. C-1-2475 EXHIBIT B Senior Mobility Program Allocation FY 2010-11 Transportation Development Act Article 4.5 Funds a i e e Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Seal Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 40,913 Total (Current Participants) $ 1,672,472 AGREEMENT NO. C-1-2475 EXHIBIT C Senior Mobility Program-Monthly Reporting Form Monthly Reporting E-Form OCTA Service for the MonthNears of: Program Name: City or Organization: Contact Person: Contact Number: Trip Category One-Way Vehicle Service Vehicle Service Passenger Trip Hours Miles Nutrition Trips: Medical trips: Shopping trips: Other trips: (Please specify trip type below**) Totals: o Oil 0 OCTA Monthly Contribution Amount: City Monthly Contribution Amount: Total Operation Cost for Month: Source of City Contributions: **Please specify other trip types being provided to seniors in this space: Please provide the requested information and submit the completed form to OCTA. Attention:Jessica Deakyne/Community Transportation Coordinator,by email to jdeakyne@octa.net or by FAX to(714)560-5927. ***By the 15th day of the month following the reporting month— Please contact Jessica Deakyne at(714)560-5802 if you have any questions or require assistance with the completion of this form. Comments: TR-BO-086.doc(09/18/08) Page 1 of 1 AGREEMENT NO. C-1-2475 EXHIBIT D I Drug-Free ional Workplace Alliance DRUG-FREE WORKPLACE ACT OF 1988 THE FEDERAL LAW This law, enacted November 1988, with subsequent modification in 1994 by the Federal Acquisition Streamlining Act, (raising the contractor amount from $25,000 to $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above-described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised:0310312010 AGREEMENT NO. C-1-2475 EXHIBIT D Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug-free awareness program to inform employees of the dangers of drug abuse; the company's drug-free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures,. including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company. policy. By continuing to make a "good-faith" effort to comply with all of the requirements as set forth in the Drug-Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug-free workplace. The contract or grant officer may determine the number on a case-by-case basis. Employers who are debarred are ineligible for other Federal contracts or grants for up to five (5) years. Compliance may be audited by the Federal agency administering the contract or grant. The Drug-free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April 11, 1988& May 25, 1990& the Federal Acquisition Streamlining Act of 1994(FASA). Page 2 of 2 Revised:0310312010 oCUZZ AFFILIATED AGENCIES July 11, 2011 Orange County Transit District Local Transportation Ms. Joan Flynn Authority City Clerk Service Authority for Freeway Emergencies City of Huntington Beach 2000 Main Street, 2nd. Floor Consolidated TransportationHuntington Beach, CA 92648 Service Agency Congestion Management Agency Service Authority for SUBJECT: AGREEMENT NO. C-1-2475 Abandoned Vehicles Dear Ms. Flynn: Enclosed for your records is a copy of the above-referenced subject. If you have any questions, please call me at (714) 560-5618. Sincerely, Cathy Foreman Office Specialist Contracts Administration and Materials Management Enclosure Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) oc��a July 22, 2011 Ms. Joan Flynn City Clerk City of Huntington Beach 2000 Main Street, 2nd. Floor Huntington Beach, CA 92648 SUBJECT: INSURANCE REQUIREMENTS FOR AGREEMENT NO. C-1-2475 Dear Ms. Flynn: This letter is to request updated insurance certificate(s) in accordance with Article 3 of Agreement No. C-1-2475. Please forward a copy of your updated insurance certificate(s) for: General Liability and Professional Liability; Automobile, and Workers' Compensation insurances. Please have the certificate(s) to me by August 4, 2011. The certificate(s) may be sent via fax or e-mail, and a hard copy sent by mail. My fax number is: (714) 560-5792. My e-mail address is: cforeman(a),octa.net; and my mailing address is: 600 South Main Street, Fourth Floor, Orange, CA 92868. Sincerely, Cathy Foreman Office Specialist Contracts Administration and Materials Management Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) Esparza, Patty From: Laudenback, Janeen Sent: Monday, August 22, 2011 9:03 AM To: Esparza, Patty Subject: RE: City of HB and OCTA Hi Patty—Looks like we are all set with the OCTA Insurance! Janeen Laudenback Community Services Department)City of Huntington Beach Office:714.536.5496 ilaudenback@surfcity-hb.org � From: Cathy Foreman [mailto:cforeman@octa.net] Sent: Monday, August 22, 2011 8:17 AM To: Laudenback, Janeen Subject: RE: City of HB and OCTA Yes—it came and has been entered and filed. Thank-you for following-up. Thanks again for your help, Cathy From: Laudenback, Janeen [mailto:]Laudenback@surfcity-hb.org] Sent: Sunday, August 21, 2011 2:49 PM To: Cathy Foreman Cc: Pesqueira, Randy Subject: City of HB and OCTA Hello Cathy—I am following up to confirm that you received the Self Insurance Certificate and workers comp certificate from the City of HB. Please let me know if there is anything else you need from us! Respectfully, Janeen Laudenback Community Services Department]City of Huntington Beach Office:714.536.5496 ilau-denback@slurfcity-hb.org The information in this e-mail and any attachments are for the sole use of the intended recipient and may contain privileged and confidential information. If you are not the Intended recipient,any use,disclosure,copying or distribution of this message or attachment is strictly prohibited.If you believe that you have received this e-mail in error,please contact the sender immediately and delete the e-mail and all of its attachments. 1 Council/Agency Meeting Held: fL_ Deferred/Continued to: A,Appr ved ❑ Conditionally Approved ❑ Denied it C er s Sign re Council Meeting Date: June 20, 2011 Department ID Number: CS 11-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Paul Emery, Deputy City Manager/Interim Community Services Director SUBJECT: Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA)for the Senior Mobility Program; and, authorize appropriation of grant funds Statement of Issue: The Orange County Transportation Authority (Authority) and the City desire to enter into a cooperative agreement whereby through funding provided by OCTA, the City will provide accessible senior transportation services that do not duplicate OCTA services. Financial Impact: The Orange County Transportation Authority will provide Renewed Measure M funds to the City of Huntington Beach for senior transportation. The dollar amount will be determined based on Huntington Beach's respective percentage of the Senior Population for the entire county. The fiscal year 2010/11 grant amount totaled $164,622. The City of Huntington Beach will provide a twenty percent in-kind match of total grant. In-kind match is funded in the current budget, Donations, Senior Transportation Program, Account #10345502. :Recommended Action: Motion to: A) Ac^rove and authorize the Mayor and City Clerk to execbte the "Cooperative Agreement No. C-1-2475 Between the Orange County Transportation Authority and the City of Huntington Beach for Senior Mobility Program" (exhibit A); and, B) Authorize the appropriation of OCTA Senior Mobility grant funds on an annual basis through the term of Agreement No. C-1-2475 (exhibit B). Alternative Action(s): Do not approve the Cooperative Agreement No. C-1-2475 with the Orange County Transportation Authority for Senior Mobility Program and direct staff to reduce transportation service levels accordingly. 13 -269- Item 12. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 6/20/2011 DEPARTMENT ID NUMBER: CS 11-012 Analysis: In 1998, OCTA initiated a pilot Senior Mobility Program (SMP) which provided transit subsidies and Older Americans Act funding to allow cities to develop a, locally designed and operated senior transportation programs to meet local needs. Huntington Beach was one of six cities that participated in the pilot project which was very successful. In 2001, the OCTA Board approved a ten-year, $28 million Senior Mobility Program which provided senior transportation funding to the City of Huntington Beach through June 30, 2011. This program was created to address the growing number of older adults in Orange County. The "Surf City Seniors on the Go!" senior transportation program provides curb to curb transportation services for Huntington Beach Seniors. Presently, OCTA provides an eighty percent match for operating costs, as well as vehicles and technical assistance to enable Huntington Beach to offer local transportation services for seniors. The twenty percent match is provided by the City of Huntington Beach through rider contributions and private donations. The City is now eligible for additional SMP funding to continue the transportation program currently provided. The current "Surf City Seniors on the Go!" transportation program transports seniors to doctor's offices, shopping centers, social services, and the seniors' center providing approximately 3000 trips per month to city seniors. Execution of the new cooperative agreement will allow the current level of service to continue. Agreement will commence on July 1, 2011, and continue through June 30, 2016, with a five year extension through June 30, 2021. Environmental Status: N/A Strategic Plan Goal: Maintain and Enhance Public Safety — by providing non-emergency medical/other transportation for older adults. Attachment(s): 1. Cooperative Agreement No. C-1-2475 ; Item 12. - 2 1113 -21 0- ATTACHMENT # 1 1 COOPERATIVE AGREEMENT C-1-2475 2 BETWEEN 3 THE ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITY OF HUNTINGTON BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM 8 THIS AGREEMENT is made and entered into this day of , 2011 9 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 10 Orange, California 92863-1584, a public corporation of the state of California (hereinafter referred to as 11 "AUTHORITY"), and the City of Huntington Beach, 1718 Orange Avenue, Huntington Beach, California 12 92648 (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes individually 13 referred to as the"PARTY" and collectively as the"PARTIES." 14 RECITALS 15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of 16 Huntington Beach; and 17 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) 18 concerning senior transportation services; and 19 WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY 20 and CITY in executing a Senior Mobility Program for senior transportation; and 21 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange 22 County Local Transportation Authority Ordinance No. 3; and 23 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 24 February 14, 2011; 25 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 26 follows: Page 1 of 9 L:\Camm\CLERI CAL\WORDPROCW GREE WG 12475.docx AGREEMENT NO. C-1-2475 1 ARTICLE 1. COMPLETE AGREEMENT 2 A. This Agreement, including all exhibits and documents incorporated herein and made 3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior 5 representations, understandings and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s) or condition(s). 7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of 8 any term(s) or condition(s) of this Agreementshall not be construed as a waiver or relinquishment of 9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and 10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this 11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an 12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued 13 in accordance with the provisions of this Agreement. 14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY 15 A. AUTHORITY agrees to provide funds per the following guidelines: 16 1. Services provided under the Senior Mobility Program are available to individuals 17 60 years of age and older. 18 2. Funds for the program are identified as 1% of Renewed Measure M (M2) net 19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's 20 respective percentage of the senior population for the entire county. 21 3. Senior population will be determined by using the most current official 22 decennial Census information provided by the U.S. Census Bureau. 23 4. All active participants will receive their portion of funding on a bi-monthly 24 basis. 25 B. In the event that the amount of M2 funding provided for this program is less than the 26 amount allocated for this program in fiscal year (FY) 2010-11 as illustrated in Exhibit B, "Senior Mobility Page 2 of 9 L:1Camm1CLERI CALIWORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds 2 to CITY in an amount no greater than FY 2010-11 funding levels less M2 SMP revenues for up to three 3 (3) years. Disbursement of TDA funds will occur with the last bi-monthly distribution of M2 funds during 4 the fiscal year. 5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years 6 of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be 7 granted beyond a total of five (5) years from the date of the initial funding allocation. 8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained 9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be 10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for 11 allocation to any project within the same source program at the discretion of AUTHORITY. 12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus 13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle 14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five 15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. 16 ARTICLE 3. RESPONSIBILITIES OF CITY 17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 18 above will be used exclusively for providing accessible senior transportation services that do not 19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." 20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for 21 this program. 22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 23 three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions 24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to Page 3 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 2 any project within the same source program at the discretion of AUTHORITY. 3 E. CITY agrees to match twenty percent (20%) of the total annual formula allocation. 4 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions. 5 F. CITY may contract with a third-party service provider to provide senior transportation 6 services provided that: 7 1. Contractor is selected using a competitive procurement process; and 8 2. Wheelchair accessible vehicles are available and used when requested. 9 G. CITY shall procure and maintain insurance coverage during the entire term of this 10 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 11 provide the following insurance coverage: 12 1. Commercial General Liability, to include Products/Completed Operations, 13 independent Contractors', Contractual Liability, and Personal injury Liability with a minimum limit of 14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 15 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 16 combined single limit of$1,000,000.00 each accident; 17 3. Workers' Compensation with limits as required by the State of California including a 18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 19 agents; 20 4. Employers' Liability with minimum limits of$1,000,000.00; and 21 5. Professional Liability with minimum limits of$1,000,000.00 per claim. 22 H. Proof of such coverage, in the form of an insurance company issued policy 23 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 26 employees and agents designated as additional insured on the general and automobile liability. Such Page 4 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 2 AUTHORITY. 3 1. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 4 Number C-1-2475; and, the Senior Contract Administrator's Name, Pia Veesapen. 5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this 8 Agreement, which is incorporated into and made part of this Agreement. 9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 12 jurisdiction's fiscal year and include the following: 13 1. All Net Revenue fund balances and interest earned. 14 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 15 program or project. 16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 18 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 19 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 20 calendar days from taking possession of the vehicle. 21 ARTICLE 4. TERM OF AGREEMENT 22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect 23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 25 / 26 / Page 5of9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 ARTICLE 5. NOTICES 2 All Notices pertaining to this Agreement and any communications from the PARTIES may be 3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered 4 or certified mail, return receipt requested, postage prepaid and addressed as follows: 5 To CITY: To AUTHORITY: 6 City of Huntington Beach Orange County Transportation Authority 7 1718 Orange Avenue 550 South Main Street 8 P.O. Box 14184 9 Huntington Beach, California 92648 Orange, California 92863-1584 10 ATTENTION: Randy Pesquiera ATTENTION: Pia Veesapen 11 (714) 536 - 5543 (714) 560- 5619 12 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS 13 AUTHORITY and CITY agree that in performance of their obligations under this Agreement, 14 they shall comply with all applicable federal, California state and local laws, statutes and ordinances 15 and all lawful orders, rules and regulations promulgated thereunder. 16 ARTICLE 7. ORDER OF PRECEDENCE 17 Conflicting provisions hereof, if any, shall prevail in the following descending order of 18 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, 19 cited herein or incorporated by reference. 20 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS 21 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's 22 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY 23 shall maintain such books, records, data and documents in accordance with generally accepted 24 accounting principles and shall clearly identify and make such items readily accessible to such parties 25 during CITY's performance hereunder and for a period of four (4) years from the date of final payment 26 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also Page 6 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 extend to ali first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 9 employees and agents from and against any and all claims (including attorney's fees and 10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 13 connection with or arising out of the performance of this Cooperative Agreement . 14 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full 15 indemnification of AUTHORITY. 16 ARTICLE 11. ALCOHOL AND DRUG POLICY 17 A. CITY agrees to establish and implement an alcohol and drug program that complies with 18 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this 19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 20 compliance with sections 701-707. 21 B. Failure to comply with this Article may result in nonpayment or termination of this 22 Agreement. 23 ARTICLE 11. CONFLICT OF INTEREST 24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to 26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work Page 7of9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12475.docx AGREEMENT NO. C-1-2475 1 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive 2 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 3 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 4 pursuant to the Article 5. Notices provision herein. This disclosure requirement is for the entire term 5 of this Agreement. 6 ARTICLE 12. CODE OF CONDUCT 7 CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third-Party 8 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 9 include these requirements in all of its subcontracts. 10 ARTICLE 13. FORCE MAJEURE 11 Either PARTY shall be excused from performing its obligations under this Agreement during 12 the time and extent that it is prevented from performing by a cause beyond its control, including, but 13 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 14 or facilities by the federal state or local government; national fuel shortage; or a material act of 15 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 16 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 17 not due to the fault or negligence of the PARTY not performing. 18 / 19 / 20 1 21 / 22 / 23 1 24 / 25 / 26 / Page 8 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C-1-247 to be exe d on the date first above written. 5 Cl F I GTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 6 By By Car hio Will Kempton 7 ayor Chief Executive Officer 8 9 ATTE T: APPROVED AS TO FORM: 10 y By Jo Flynn Kennard R. Smart, Jr. 11 Clerk General Counsel 1 12 13 APPROVED AS TO FORM: APPROVED: 14 LliZrath By 15 ifer cG Beth McCormick Attorney General Manager, Transit 16 17 18 19 20 21 22 23 24 25 26 Page 9 of 9 L:\Camm\CLERICAL\WORDPROC\AGREE\AG12475.docx AGREEMENT NO. C-1-2475 EXHIBIT A Scope of Work Senior Mobility Program 1. The City of Huntington Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • Transportation for residents 55 years of age and older to medical appointments, grocery shopping, senior center classes/nutrition site, special events, the adult day center, and life-supporting medical trips, such as dialysis and chemotherapy. • The City shall provide approximately 3000 monthly one-way trips using two 27 passenger buses, two 21 passenger buses, four fill-size vans, four mini-vans, and two sedans. • The hours of service are 8:00 a.m. to 5:00 p.m. • The days of service are Monday through Friday, and occasionally weekends. 2. The City shall follow competitive procurement practices in selection of vendors for all services, which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City may opt to obtain a vehicle(s) during the course of the contract. Additional vehicles may be purchased from OCTA for $5,000 each. The cost of any additional vehicles will be deducted from the next fiscal year allocation. City must register the vehicle and maintain title for at least one year after transfer of title from OCTA. 4. The City shall perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility Program, including, at a minimum: • Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the attached Pre-Operation Inspection & Defect Report (Attachment 1). • Scheduled preventive maintenance that meets or exceeds the guidelines provided in the attached Senior Mobility P.M. Checklist, including the maintenance of all accessibility features of the vehicles (Attachment 2). 5. The City shall maintain maintenance records for each vehicle for 5 years and shall cooperate fully in annual Motor coach carrier terminal inspections conducted by the California Highway patrol. 6. The City shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform their duties safely, and in Page 1 of 2 AGREEMENT NO. C-1-2475 EXHIBIT A a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 7. The City shall submit a monthly report to OCTA's Community Transportation Services which includes, at a minimum, a monthly and fiscal year-to-date summary of service and expenditures as illustrated in Exhibit C. 8. The City shall participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 9. The City shall note OCTA sponsorship in any promotional material for service funded under this agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this program (excluding taxis). 10.The City shall ensure that it maintains adequate oversight and control over all aspects of service that are provided by a contracted vendor. 11.The City shall participate in the annual National Transit Database (N.T.D.) reporting process if needed. Page 2 of 2 Attachment 1 tSUVY€)AMAC3t: Pre- Operation Inspection & Defect Report Circle and describe any damage;o a Dui on diagram of fronVrear and two side views Bus.,,ran No. Date: Federal Regulations state that no motor vehiaie carrying passengers for byre Description shad be driven unless me driver has detemirried that the fallowing parts and accessories are in good working order Each driver is roquved to submit a signed written report daily for each coach driven. O Q !st Driver. Miles Finish: Miles Start. Miles Elapsed, No Defects: 0 Defects:D Signature: 2nd Driver Description_ Mites Finish. Mites Start: Miles Elapsed: No Defects. 0 Defects:D Signature: 3rd Driver. Dies Finish: Miles Start: Miles Elapsed No Defects. 0 Defects:0 Signature Description: PREOPERATIONS INSPECTIONS indicate with an(x)that each item has been checked: AM/PM AMlPM TaeslLug Nuts(wheels 8 rims', _t_ Emergency Reflectors -- Motor r-Guard un Signal SwitchfHom Description _i Air System �_ First Aid Kit Lights/Refiectors _/_ Radio _— Wheelchair Lifts _t_ Driver`s SeauSelt Wheelchair Lift Cover _! Door Interlock Mirrors _!— W/C Tie Down Straps Windshield WipersiWasners 1_ Manual Lift Bar Fire Extinguisher _r_ Conduct Walk Around Steering Mechanism _!_ Parking/SrakestSenace Braises OPERATOR(S): DPFECTS. tndcate with an(x)defectve items only: (Explain in Detalt) iMPORTAN7! Help expedite repairs by providing necessary -- s RETA information regarding defects' Please print. _Brake Fluid Leaks _Light On: _Hot EriptneMater Leaks _SofttHard Brakes Not Appbed Low OiVOii Leaks _Pull to LIR _Light On: _Starts Hard _Dragging Brakes Applied. _No PowertEng.Ck.Light _smoking Bus Stopped _Smokes _Emergency Brake —Ugtd Not On- _Idles Rougty ibration _Other-eaten Brakes Applied. _Exhaust.Vacuum Leaks T►ZES/IKFIMS Bus Moving _Fuel Leaks/LPG/Gas Flat AC d MCA -e)piw Embedded Object _Off TRANSMISSION _T Cut _TOO Cold/Hot _Won't Go Into Gear SmootlVCord _Defroster Defect _Sfips'GrindstLurches _;f RF RRJ R?:D :.R-RI; _Ventitatwn(Blowes5) —Excessive Norse _Loose Missing Lugs _Fumes _Leaks REPAIRS MADE: _Other-explain _Othw-cow _Drive Line Vrorawn :*hrtS EMTIiAFrCt.7EXrT DOGRS/ —Rear End Notse _Interior WpfDO3VS STEERING _Exterior slow _Hard/Binds _Location: _inoperative _Shimmy _Leaks Air _Excessive Play w7hNCL E CL EANLtNt ss —Excessive Play _Ott1et-efq*M _Interior —00W-aq)IanELECTFOrAL£QtAI rT _Exterior —Emergency Releases _Generator/Starter Floor WHM CHAIR LIFT _Turn Signals/Flashers Windows Will Not Fold Out _momSeat Condition —_Will Not Lower/Raise _Fare Box No Restraint Da-AJp _lnstruments'Gauges _Oft Wig Not Fold into _Fuel,Oil,Amp meter SLs ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED?: 7RW0 _Seats _Hanorads _Modesty Panels Date Attachment 2 Inspection Senior Mobility P.M. Check List Date Bus# TERMINAL workorder# Current Mileage Last inspection miles A. Employee must check off all boxes/Note all discrepancies on reverse side Miles between B. Check files and open workorders V P C. Interior Y m E. Under hood Y 1 Entry door operation and seals 1 Check for visible leakage 2 ITemperature and oil warning devices 2 Engine oil level 3 INeutral safety system 3 Transmission fluid level and condition 4 lHorn,gauges and dash lights 4 Brake fluid 5 Heater,defroster and fan 5 Power steering fluid 6 Windshield wipers and washer 6 Check all belts 7 Indicator lights 7 Component and accessory mounting 8 Throttle operation 8 Check all hoses and routing 9 Steering free play In. 9 Coolant level and protection c/f ph 10 jApplied and unapplied brake test for vacum loss 10 Pressure test cooling system 11 11nterior lights 11 lWater pump and fan clutch play 12 Windshield and window glass condition 12 Air filter condition-check restriction gauge 13 Window mechanism and seals 13 Check exhaust system 14 Seat condition 14 Battery fluid level and mounting 15 Interior body,floor and stantions 15 Clean battery and connections 16 Fire extinguisher date and bracket 16 Drain fuellwater separator 17 1 Road warning devices 18 First aid kits a d 19 Emergency exits operation,warning devices and signs F. Under Bus Y 20 Interior clean 1 lKingpin and wheel bearing play 21 Back up alarm 2 Tire wear,condition and matching 3 Leakage at backing plates and wheel seals 4 Steering box,mounting,leakage,looseness and leaks 5 Front shocks and mounting 6 Front springs,bushings 7 Engine leaks,lines,filters,hoses and engine mounts 8 Starter and connections 9 Exhaust system and mounting D. Exterior Y d 10 Transmission mounted parking brake 1 All exterior lights and signals 11 Transmission leaks 2 Mirror condition and mounting 12 Output shaft play 3 Record body damage 13 jDriveshaft guard,U joints and retarder 4 Bumper bolts 14 Body hold downs and insulators 5 Paint lettering and appearance 15 Wiring along frame 6 1 Emergency exits 16 Differential leaks,fluid level 7 jAxle flange and lug nuts,oil hubs 17 Pinion play 8 Tire side wall condition,cracked wheels,valve stem 18 Breather vent Valve stem cap,alignment of rear duels 19 Rear shocks and mounting 9 Tread depth 20 Rear springs,bushings and U bolts LF RF LRO 21 Leakage at backing plates and wheel seals LRI RRO RRI 22 Fuel tank straps and lines 10 Tire inflation:Record and inflate 23 Tail pipe hangers LF RF LRO 24 Lube entire chassis LRI RRO RRI 25 Check drag link,tie rods and idler arms Attachment 2 Inspection Senior Mobility P.M. Check List N N D. Brakes Y C D. Lift Inspection Y 1 Visible and audible leaks 1 1 Check lift for proper operations 2 Check all lines along chassis 2 Inspect for stress,cracks,mounting and alignment 3 Check brake booster and hoses 3 Check pins 4 Hydraulic lines 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring Remove wheels and check the following items 6 Check all system covers and warning signs 5 Pads and rotors 7 lCheck safety barrier 6 Check pins and caliber's 8 Lube complete lift 9 Check wheelchair securements,proper amount and operation 10 Lift door warning device 11 Lift cover in place H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic Signature of Supervisor 6,000 miles-inspection/oil change 30,000 Transmission service 60,000 Differential service AGREEMENT NO. C-1-2475 EXHIBIT B WN Senior Mobility Program Allocation FY 2010-11 Transportation Development Act Article 4.5 Funds A 1 o a o A e o 0 Anaheim $ 194,204 Brea $ 37,766 Buena Park $ 49,457 Costa Mesa $ 83,053 Garden Grove $ 183,225 Huntington Beach $ 164,622 Irvine $ 93,151 La Habra $ 52,413 Laguna Hills $ 34,226 Laguna Niguel $ 46,533 Laguna Woods $ 128,998 Lake Forest $ 45,677 Newport Beach $ 111,163 Placentia $ 38,104 Rancho Santa Margarita $ 14,403 San Clemente $ 50,698 Santa Ana $ 167,850 Seal Beach $ 69,114 Westminster $ 66,902 Yorba Linda $ 40,913 Total (Current Participants) $ 1,672,472 EXHIBIT #C AGREEMENT NO. C-1-2476 EXHIBIT C Senior Mobility Program Monthly Deporting Form Monthly Reporting E-Form FAI Wa ff_° ._ o a Service for the MonthNears of: Program Name: City or Organization: Contact Person: Contact Number: - - -- Trip Category One-Way Vehicle Service Vehicle Service Passenger Trip Hours miles Nutrition Trips: Medical trips: Shopping trips: Other trips: (Please specify trip type below") Totals: TO 0 0 OCTA Monthly Contribution Amount: City Monthly Contribution Amount:11 Total Operation Cost for Month: Source of City Contributions: "Please specify other trip types being provided to seniors in this space: 1 Please provide the requested information and submit the completed form to OCTA. Attention:Jessica Deakyne/Community Transportation Coordinator,by email to jdeakyne@octa.net or by FAX to(714)5605927. '—By the ISth day of the month following the reporting monttf' Please contact Jessica Deakyne at(714)560-5802 if you have any questions or require assistance with the completion of this form. Comments: TR-60-086.doc(09118/08) Page 1 of 1 Item 12. - 22 11 B -290- EXHIBIT #D AGREEMENT NO. C4-2475 EXHIBIT D National Drug-Free Workplace Affiance 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 amounttvalue 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. Foi Federal contractors this encompasses employees involved in the performance of the contract. .For Federal grantees all employees must-come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge"employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised.03/03/2010 Item 12. - 24 1113 -292- AGREEMENT NO. C-1-2475 EXHIBIT D Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug-free awareness program to inform employees of the dangers of drug abuse; the company's drug-free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good-faith" effort to comply with all of the requirements as set forth in the Drug-Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug-free workplace. The contract or grant officer may deterr-n-inG 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. 3rhe Drug-free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source.Federal Registers April 11, 1988&May 25, 1990&the Federal Acquisition Streamlining Act of 1994(FASA). Page 2 of 2 Revised:0310312010 11B -293- Item 12. - 25 su City INSURANCE AND INDEMNIFICATION WAIVER Nunnnpt i�Beach MODIFICATION REQUEST 1. Requested by: Community Services Department 2. Date: May 31, 2011 3. Name of contractor/permittee: Orange County Transportation Authority (Authority) 4. Description of work to be performed: Senior Mobility Program (SMP) for City of HB Senior Transportation. 5. Value and length of contract: June 30 2016 - Authority has right to extend through 2021 6. Waiver/modification request: Liability/Automobile/Workers Compensation 7. Reason for request and why it should be granted: Agreement provides a valuable service to the Huntington Beach Senior Community through continued funding for the ongoing cIon o Senior Mobilit Pro ram. Per this a reement Authorit rovides ro ram ndin onl d re uires that continued operation of the program will be the Cit 's e 8. Identify the risks to the City in approving this waiver/modification: City will continue to assume all risk of liability for the Senior Mobility Program. o"A Departme'PfHead Signature ate: APPROVALS Approvals must be obtained in the order listed on this for Two approvals are required for a request to be granted. Approval from the City Ad istrator's Office is only required if Risk Management and the City At ey's Offic, 1. Ri5ek'Management Approved El Denied c /A Signature ate 2. City Attorney's Office proved ❑ Den' Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request-is to be-submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Insurance Waiver form 5/31/2011 2:19:00 PM �f City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 , m (714) 536-5227 ® www•huntingtonbeachca.gov Office of the City Clerk ` Joan L. Flynn, City Clerk June 23, 2011 Orange County Transportation Authority Attn: Pia Veesapen P. O. Box 14184 550 South Main Street Orange, CA 92863-1584 Dear Ms. Veesapen: Enclosed please find the original "Cooperative Agreement C-1-2475 Between the Orange County Transportation Authority and The City of Huntington Beach For Senior Mobility Program." Upon execution, please a copy to: Joan Flynn City Clerk 2000 Main Street— 2"d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement G:foliowup:agrmtltr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand