HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - 2021-07-06 �Rp✓ED fa-O
City of Huntington Beach
File #: 21-489 MEETING DATE: 7/6/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Chris Slama, Director of Community & Library Services
Subject:
Approve and authorize execution of a new Cooperative Agreement between the Orange
County Transportation Authority (OCTA) and the City of Huntington Beach for Senior Mobility
Program (SMP) transportation services
Statement of Issue:
The existing Cooperative Agreement No. C-1-2475 between the Orange County Transportation
Authority (OCTA) and the City for the provision of senior mobility transportation services expired on
June 30, 2021. There is now a need to enter into a new Cooperative Agreement with the OCTA to
continue to receive Senior Mobility Program (SMP) funding.
Financial Impact:
The grant award amount varies annually based on actual Renewed Measure M (M2) funds and the
City's senior population. In Fiscal Year (FY) 2021-22, the estimated grant amount is $235,264 with a
corresponding estimated 20% match of $47,053. Historically, the 20% match obligation has been
met through the annual Hoag Memorial Hospital Presbyterian grant award program. These
estimated funds have been included in the FY 2021-22 budget in accounts 96345512 and 10345502
and are appropriated annually.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement Between the
Orange County Transportation Authority and the City of Huntington Beach for Senior Mobility
Program."
Alternative Action(s):
Do not approve the agreement and direct staff to reduce transportation service levels accordingly.
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
City of Huntington Beach Page 1 of 2 Printed on 6/30122021
File #: 21-489 MEETING DATE: 7/6/2021
project.
In 2001 , the OCTA Board approved a ten-year 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 provides curb-to-curb transportation
services for Huntington Beach seniors 60 years of age and older to doctor's offices, shopping
centers, social services, and the senior center, providing an average of 32,000 trips annually.
In 2011, the City of Huntington Beach entered into a new five-year Cooperative Agreement with
OCTA to continue to provide transportation services for seniors, which expired on June 30, 2016. In
2016, an Amendment to the City's 2011 agreement was approved by the OCTA Board to continue the
program through June 30, 2021. This agreement has now expired, creating the need to enter into a
new Cooperative Agreement with OCTA.
OCTA has requested that the City Council approve the attached Cooperative Agreement. Upon City
execution, OCTA will fully execute and assign a new agreement number. The initial term of the new
agreement will extend from July 1 , 2021 , through June 30, 2026, and may be renewed by OCTA for
an additional 5 years through June 30, 2031. The original Cooperative Agreement C-1-2475 has
been attached for comparison; however, there are no substantial changes between the original
agreement and the new cooperative agreement.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1 . Cooperative Agreement between Orange County Transportation Authority and City of
Huntington Beach for Senior Mobility Program.
2. Cooperative Agreement No. C-1-2475 between the Orange County Transportation Authority
and the City of Huntington Beach, with Amendment 1.
City of Huntington Beach Page 2 of 2 Printed on 6/30/2021
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1 COOPERATIVE AGREEMENT NO. C-1-3236
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF HUNTINGTON BEACH
6 FOR
7 SENIOR MOBILITY PROGRAM
8 THIS COOPERATIVE AGREEMENT ("Agreement"), is effective this day of
9 , 2021 ("Effective Date"), by and between the Orange County Transportation
10 Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation
11 of the State of California (herein referred to as "AUTHORITY") and the City of Huntington Beach,
12 18041 Goldenwest Street, Huntington Beach, California 92648 (hereinafter referred to as "CITY") each
13 individually known as "PARTY" and collectively known as "PARTIES".
14 RECITALS:
15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and
16 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
17 concerning senior transportation services; and
18 WHEREAS, this Agreement defines the roles and responsibilities of AUTHORITY and CITY in
19 executing an SMP for senior transportation; and
20 WHEREAS,AUTHORITY and CITY agree to comply with all relevant elements of Orange County
21 Local Transportation Authority Ordinance No. 3; and
22 WHEREAS, AUTHORITY and CITY agree to comply with all elements of the SMP Project U
23 Funding and Policy Guidelines (SMP Guidelines); and
24 WHEREAS, AUTHORITY's Board of Directors approved this Agreement on
25 May 24, 2021;
26 /
Page 1 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 NOW,THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
2 ARTICLE 1. COMPLETE AGREEMENT
3 A. This Agreement, including any attachments incorporated herein and made applicable by
4 reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
5 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
6 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
7 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
8 are true and correct and are incorporated by reference herein.
9 B. AUTHORITY's failure to insist on any instance(s) upon CITY's performance of any term(s)or
10 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
11 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
12 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
13 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
14 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
15 accordance with the provisions of this Agreement.
16 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
17 condition(s)of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
18 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
19 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
20 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
21 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
22 this Agreement.
23 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
24 A. AUTHORITY agrees to provide funds per the SMP Guidelines:
25 1. Services provided under the SMP are available to individuals sixty (60) years of
26 age and older.
Page 2 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 2. Funds for the program are identified as one percent(1%)of Renewed Measure M
2 (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local
3 jurisdictions based upon the participating entity's respective percentage of the senior population of the
4 entire County.
5 3. Senior population will be determined by using the most current official decennial
6 Census information provided by the U.S. Census Bureau.
7 4. All active participants will receive their portion of funding on a bi-monthly basis.
8 B. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3)
9 years of receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not
10 be granted beyond a total of five (5)years from the date of the initial funding allocation.
11 C. In the event the time limits for use of Net Revenues are not satisfied, then any retained
12 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned
13 to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
14 any project within the same source program at the discretion of AUTHORITY.
15 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
16 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation.
17 CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of
18 Five Thousand Dollars($5,000) per vehicle, subject to vehicle availability.
19 ARTICLE 3. RESPONSIBILITIES OF CITY
20 A. CITY must satisfy all M2 eligibility criteria, as specified in the Orange County Local
21 Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula
22 allocation for the SMP.
23 B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above
24 will be used exclusively for providing accessible senior transportation services as specified in
25 Exhibit A, entitled "Senior Mobility Program Agency Service Plan."
26 1
Page 3 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 C. CITY agrees to comply with all elements of the SMP Guidelines as specified in
2 Exhibit A, Attachment 1.
3 D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of
4 receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not be
5 granted beyond a total of five (5)years from the date of the initial funding allocation.
6 E. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
7 Revenues that were allocated to CITY and interest earned thereon shall be returned to AUTHORITY and
8 these Net Revenues and interest earned thereon shall be available for allocation to any project within the
9 same source program at the discretion of AUTHORITY.
10 F. CITY agrees to match twenty percent (20%) of the total annual program expenditures.
11 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions.
12 G. CITY may contract with a third-party service provider to provide senior transportation
13 services provided that:
14 1. Contractor is selected using a competitive procurement process; and
15 2. Wheelchair accessible vehicles are available and used when requested.
16 H. CITY shall procure and maintain insurance coverage during the entire term of this
17 Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or
18 coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance.
19 CITY shall provide the following insurance coverage:
20 1. Commercial General Liability,to include Products/Completed Operations, Independent
21 Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per
22 occurrence and $2,000,000 general aggregate;
23 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a
24 combined single limit of$1,000,000 each accident;
25 3. Workers' Compensation with limits as required by the State of Califomia including a
26 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and
Page 4 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 4. Employers'Liability with minimum limits of$1,000,000 per accident, $1,000,000 policy
2 limit-disease, and $1,000,000 policy limit employee-disease.
3 I. Proof of such coverage, in the form of an insurance company issued policy endorsement
4 and a broker-issued insurance certificate, must be received by AUTHORITY prior to commencement of
5 any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days
6 from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents
7 designated as additional insured on the general and automobile liability. Such insurance shall be primary
8 and non-contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also
9 include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts
10 required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other
11 project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess
12 liability policies.
13 J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
14 Number C-1-3236; and, the Associate Contract Administrator's Name, Luis Martinez.
15 K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees
16 to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the
17 vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title
18 and registration from AUTHORITY to CITY within thirty (30) calendar days from
19 taking possession of the vehicle.
20 ARTICLE 4. TERM OF AGREEMENT
21 A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect
22 through June 30, 2026(Initial Term), unless earlier terminated or extended as provided in this Agreement.
23 B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an
24 additional five(5)years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term),
25 and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with
26 Exhibit A.
Page 5 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 C. AUTHORITY'selection to extend the Agreement beyond the Initial Term shall not diminish its
2 right to terminate the Agreement for AUTHORITY's convenience or CITY's default as provided elsewhere
3 in this Agreement. The 'maximum term" of this Agreement shall be the period extending from
4 commencement through June 30, 2031, which period encompasses the Initial Term and Option Term.
5 ARTICLE 5. NOTICES
6 All notices pertaining to this Agreement and any communications from the PARTIES may be
7 made by delivery of said notices in person or by depositing said notices in the U S Mail. registered or
8 certified mail, return receipt requested, postage prepaid and addressed as follows.
9 To CITY: To AUTHORITY:
10 City of Huntington Beach Orange County Transportation Authority
11 18041 Goldenwest Street 550 South Main Street
12 P. O. Box 14184
13 Huntington Beach, CA 92648 Orange, CA 92863-1584
14 Attention Brandi Kelly-Contreras Attention. Luis Martinez
Transportation Coordinator Associate Contract Administrator
15 Tel: (714) 374-1518 Tel. (714) 560-5767
16 Email. bkellyonsurfcity-hbog Email: 1martinez1(aoctanet
17 ARTICLE S. FEDERAL, STATE AND LOCAL LAWS
18 AUTHORITY and CITY agree that in performance of their obligations under this Agreement.
19 they shall comply with all applicable federal. California state and local laws, statutes and ordinances
20 and all lawful orders rules and regulations promulgated thereunder
21 ARTICLE 7. ORDER OF PRECEDENCE
22 Conflicting provisions hereof if any shall prevail in the following descending order of precedence
23 (1) the provisions of this Agreement including all exhibits, (2) all other documents if any, cited herein or
24 incorporated by reference
25
26
Page 6 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
2 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's
3 accounting books, program records, payroll documents and facilities as AUTHORITY deems necessary.
4 CITY shall maintain such books, records, data and documents in accordance with generally accepted
5 accounting principles and shall clearly identify and make such items readily accessible to such parties
6 during CITY's performance hereunder and for a period of five (5)years from the date of final payment by
7 CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend
8 to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by
9 any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
10 ARTICLE 9. TERMINATION
11 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
12 whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in
13 advance of the specified date of termination.
14 ARTICLE 10. INDEMNIFICATION
15 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
16 employees and agents from and against any and all claims (including attorney's fees and reasonable
17 expenses for litigation or settlement)for any loss or damages, bodily injuries, including death, damage
18 to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY,
19 its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out
20 of the performance of this Agreement .
21 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full
22 indemnification of AUTHORITY.
23 C. As a funding source, AUTHORITY shall not be liable for any claims or losses arising
24 from CITY as a result of using the fund.
25 /
26 /
Page 7 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 ARTICLE 11. ALCOHOL AND DRUG POLICY
2 A. CITY agrees to establish and implement an alcohol and drug program that complies with
3 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement
4 as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with
5 sections 701-707.
6 B. Failure to comply with this Article may result in nonpayment or termination of this
7 Agreement,
8 ARTICLE 12. FORCE MAJEURE
9 Either PARTY shall be excused from performing its obligations under this Agreement during
10 the time and extent that it is prevented from performing by a cause beyond its control, including, but
11 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
12 facilities by the federal state or local government, national fuel shortage; or a material act of omission
13 by the other PARTY, when satisfactory evidence of such cause is presented to the other PARTY, and
14 provided further that such nonperformance is unforeseeable, beyond the control and is not due to the
15 fault or negligence of the PARTY not performing.
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
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Page 8 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
1 IN WITNESS WHEREOF. the PARTIES hereto have caused this Agreement No C-1-3236 to be
2 executed as of the date of the last signature below
3 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
4
5 BY BY
Kim Carr Darrell E Johnson
6 Mayor Chief Executive Officer
7
8 ATTEST: APPROVAL RECOMMENDED:
9
10 By. By
11 Robin tanisl Beth McCormick
City Q 1 rk Executive Director, Operations
12
13 APPROVED AS TO FORM APPROVAL RECOMMENDED:
14
15 By v By.
16 "'Michael Gates Jennrfer L Bergener
City Attorney Chief Operating Officer. Operations/
17 Deputy Chief Executive Officer
18
19
20
21
22
23
24
25
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Page 9 of 9
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
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 City of Huntington Beach Date 1/12/2021
Program Contact Randy Pesqueira Phone 714-536-5543
Email L_?esq,aeira0surfci(y-hb ore
Service Description:
1. Program goals and objectives:
Our goals are to provide the best possible service to our senior community by
enhancing independence and foster dignity. Dedicated to keeping seniors at home for
as long as possible, the role of the transportation program is key to the health and
wellness of the overall community. Enhanced mobility allows seniors to maintain
i quality healthcare,as well as remain an integral part of the community. Trips to the
library, senior center, shopping centers, and personal services industry help to
encourage a vital community. Another important goal is to keep the transportation
service free to the 60+ population in Huntington Beach, through grants and the
support of the City of Huntington Beach.
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
2. Indicate how SMP service will be operated: (Please check all that apply)
�✓ Directly-Operated Subsidized Taxi Program
= Contract Service Provider Other (Please Describe)
Volunteers
The program consists of a combination of paid staff and volunteers.Two full time
employees coordinate the program along with 9 part time assistant dispatchers and
drivers.The City of Huntington Beach allows volunteers to drive city vehicles. With a
large fleet of smaller vehicles,volunteers are able to provide rides to hundreds of
seniors weekly.
3. Eligible trips provided under the SMP are limited to the following categories. Please
indicate the categories of service to be provided by your program: (Please check all
that apply)
Senior Center Personal Care
Nutrition F 1/1 Shopping
FV Medical F /] Social / Recreation (Please Describe)
Trips are provided to the following locations for the purpose of socialization and
recreation: local community centers, restaurants, parks, beaches, libraries, family and
friend visits, volunteer opportunities, and shopping centers.
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
4. SMP Guidelines restricts trips outside of Orange County to medical trips within
approximately 10 miles of the Orange County border. Do you intend to provide medical
trips outside of Orange County? No
If yes, please list the trip purpose and destinations; (e.g., medical trips to the VA Hospital
in Long Beach)
I
5. Fare structure:
All rides are free, passenger donations are accepted.
6. Number of vehicles:
1.7
( 7. Projected annual ridership:
32,000
I
8. Source(s) of 20 percent match funding:
Hoag Hospital
I
I
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
Program Requirements:
1. jurisdiction/Agency shall follow competitive procurement practices in selection of vendors for
all services which it does not provide using its own work force. Any Request for Proposals(RFP)
for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA)
accessibility standards.
2. jurisdiction/Agency will perform, or ensure that a contracted vendor performs, maintenance of
all vehicles used in the Senior Mobility program, including, at a minimum:
a) Daily Pre-Trip Inspections that meet or exceed the guidelines provided in the attached
Pre-Trip Inspection Checklist(Attachment 2)
b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in
the attached PM Checklist, including the maintenance of all accessibility features of the
vehicles.
c) Maintain maintenance records for each vehicle for five (5) years and, if required,
cooperate fully in annual motor coach carrier terminal inspections conducted by the
California Highway Patrol.
3. jurisdiction/Agency will ensure that its operators, or its contracted vendors 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.
S. jurisdiction/Agency will submit a monthly report to OCTA's Community Transportation Services
Department as illustrated in Attachment 3.
6. jurisdiction/Agency will participate in OCTA marketing and outreach efforts to encourage use of
fixed route transit service by older adults.
7. jurisdiction/Agency will note OCTA sponsorship in any promotional material for service funded
under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in
this program (excluding taxis).
8. Jurisdiction/Agency will ensure that it maintains adequate oversight and control over all aspects
of services that are provided by a contracted vendor.
IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work
as written above.
AGENCY REPRESENTATIVE OCTA REPRESENTATIVE
�n1/sK�1
Name:/ vOliver Chi Name:
Title: City Manager Title:
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
Senior Mobility Program
Project U Funding and Policy Guidelines
November 2018
1.0 Overview
The Measure M2 (M2) Project U—Senior Mobility Program (SMP) provides funding
to support local, community-based transportation service for seniors. Originally
established in 2001 using limited state funding for bus operations, M2 Project U
SMP funding was established to continue and expand the existing program. A
formula funding allocation was established for all Orange County participating
cities and eligible agencies based upon their senior population. One percent (1%)
of M2 net revenue is used to fund the program and participating cities and eligible
agencies must provide a minimum 20 percent(20%) local match of the total annual
program expenditures.
Included in the SMP are eligible non-profits. These agencies are funded locally
and must also comply with the Guidelines.
2.0 Objectives
• To provide for local, community-based senior transportation services.
• To allow participating cities and eligible agencies to develop and implement
senior transportation services to serve their community.
• To provide transit options for seniors which complement rather than duplicate
the Orange County Transportation Authority's (OCTA) fixed route and
ACCESS paratransit service.
3.0 Eligibility Requirements
Participation in the SMP is contingent upon maintaining M2 eligibility. Participating
cities and eligible agencies must be eligible to receive M2 funding, established on
an annual basis as specified in the M2 Ordinance Requirements for Eligible
Jurisdictions, to receive the formula allocation for this program.'Adherence to strict
funding guidelines is required.
Participating cities and eligible agencies are required to submit a Service Plan as
described in Section 7.0 and must enter into a cooperative funding agreement with
OCTA that defines the conditions of use of SMP funds prior to receiving their SMP
funding allocation.
Orange County Transportation Authority Ordinance No. 3,Attachment B, Section III
1
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
4.0 Funding Allocation Method & Distribution
Funding for the program is identified as one percent of M2 net sales tax revenue
and will be allocated to eligible participating cities and eligible agencies based
upon the participating cities and eligible agencies' percentage of the senior
population of the county. Senior population is determined by using the most current
official decennial Census information provided by the U.S. Census Bureau.
Funding allocations are based on actual sales tax receipts. Funding will be
distributed on a bi-monthly basis. SMP funds must be expended within
three (3)years of receipt.
OCTA may grant a two (2)-year extension beyond the three (3)-year expenditure
limitation; however, an extension may not exceed five (5) years from the date of
the initial funding allocation. Participating cities and eligible agencies requesting
an extension beyond the three (3)-year limitation must submit a justification letter
for review and approval by OCTA at least ninety (90) days prior to the end of the
third fiscal year.
In the event the time limits for use of SMP funds are not satisfied, any retained
SMP funds that were allocated to an eligible participating city and eligible agency,
including interest, shall be returned to OCTA.
5.0 Match Requirements
Participating cities and eligible agencies must provide a minimum 20 percent (20%)
local match of the total annual program expenditures. Match funding may be made
up of cash subsidies, fare revenues, donations, or in-kind contributions such as
salaries and benefits for the participating cities and eligible agencies' employees
who perform work on the program. Participating cities and eligible agencies may
also be required to submit supporting documentation to substantiate local match
expenditures. Participating cities and eligible agencies are not required to
contribute the minimum match requirement on a monthly basis; however, the
minimum 20 percent (20%) match requirement must be met by the end of each
fiscal year, defined as June 30.
Participating cities and eligible agencies not satisfying the annual 20 percent (201/6)
match shall be subject to withholding of funds from future bi-monthly allocations
equal to the difference between the amount of Measure M funds actually spent and
the amount of Measure M funds actually matched.
Example:
Total Program Expenditures $100,000
Total M2 Funding Allocation $ 80,000
20% Required Match $ 20,000
Actual Reported Match $ 15,000
2
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
Withholding Calculation:
Total M2 Funds Spent $ 80,000
M2 Funding Eligibility Based on Actual Reported Match 60.000
Withholding from Future Allocation(s) $ 20,000
6.0 Service Guidelines
Services provided under the SMP are available to individuals sixty (60) years of
age and older. Participating cities and eligible agencies have discretion in the types
of trips provided within Orange County, such as trips to/from senior centers,
medical appointments, shopping, personal care, and social/recreational activities.
Participating cities and eligible agencies should use discretion when providing trips
for social/recreational activities when developing their Service Plan to ensure
prudent and appropriate use of taxpayer funds. SMP trips outside Orange County
are restricted to medical trips only within approximately ten (10) miles of the
Orange County border.
Participating cities and eligible agencies also have discretion in how the service is
operated. Senior transportation services may be operated using employees,
volunteers, or the jurisdiction may contract with a third-party service contractor.
Contractors must be selected using a competitive procurement process and the
participating city and eligible agency must ensure the contractor is in compliance
with program guidelines and provisions included in the cooperative funding
agreement.
Participating cities and eligible agencies whose program offers subsidized taxi
service for seniors must ensure trips provided with SMP funding are consistent
with the trip types as specified in these guidelines.
Wheelchair accessible vehicles must be available for SMP service.
Participating cities and eligible agencies will perform, or ensure that a contractor
performs, maintenance of all vehicles used in the Senior Mobility Program.
Participating cities and eligible agencies will ensure that its operators, or its
contracted operators, are properly licensed and trained to proficiency to perform
duties safely, and in a manner which treats its riders with respect and dignity.
Participating cities and eligible agencies may receive one retired OCTA ACCESS
paratransit vehicle per year, free of charge, to support their senior transportation
programs subject to availability. Any retired ACCESS vehicles in excess of one (1)
per year may be purchased for a cost equivalent to the refurbishment cost incurred
by OCTA.
3
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
7.0 Service Plan Adoption
Participating cities and eligible agencies shall submit to OCTA a SMP Service Plan
which defines program services (Exhibit A). The Service Plan must be submitted
using a template provided by OCTA and must be adopted by the participating cities
and eligible agencies' governing body and approved by the OCTA Board of
Directors. Any revision to the adopted SMP Service Plan must be submitted to
OCTA in advance for review and approval. Revisions to the trips listed on the
Service Plan will require an amendment to the cooperative funding agreement prior
to implementing a change in program services.
8.0 Insurance
Participating cities and eligible agencies shall procure and maintain insurance
coverage as specified in their SMP cooperative agreements with OCTA.
9.0 Drug and Alcohol Testing
Participating cities and eligible agencies shall establish and implement an alcohol
and drug testing program that complies with 41 U.S.C. sections 701-707, (the Drug
Free Workplace Act of 1988), and will produce any documentation necessary to
establish its compliance with sections 701-707.
10.0 Marketing and Outreach
Participating cities and eligible agencies shall participate as appropriate in OCTA
marketing and outreach efforts to encourage the use of fixed route transit service
by older adults.
11.0 Recognition of OCTA Sponsorship
Participating cities and eligible agencies shall note OCTA sponsorship in any
promotional material for senior mobility services funded by OCTA and shall display
an OCTA-provided OC Go Senior Mobility Program decal on vehicles used in this
Program, excluding taxis.
12.0 Vehicle Maintenance
Participating cities and eligible agencies shall perform or ensure that a contracted
vendor performs maintenance of all vehicles used in the Program, including:
Daily pre-trip inspections and completion of checklists identifying each
vehicle component and system inspected.
Scheduled preventive maintenance that meets or exceeds the vehicle
manufacturer's standards.
Maintaining maintenance records for each vehicle for five (5) years.
4
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
If required, cooperation in annual motor coach carrier terminal inspections
conducted by the California Highway Patrol.
13.0 Eligible Expenses
Participating cities and eligible agencies shall ensure M2 funds are used for eligible
direct program-related expenses which may include contract service providers,
staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program
supplies and materials, marketing materials, and community outreach.
Participating cities and eligible agencies shall ensure all costs are program-related
and are fair and reasonable. Administrative costs up to 10 percent (10%) are
allowed and considered eligible program expenses. All program expenses are
subject to audit.
No M2 funding shall be used by a participating city and eligible agency for other
than transportation purposes authorized in the M2 Ordinance.
14.0 Program Revenue
Participating cities and eligible agencies must maintain adequate controls for
collecting and reporting program revenue, including donations, fees, and cash
fares. Program revenue must be used to support the transportation service and
may be used as part of the participating cities and eligible agencies' 20 percent
(20%) local match requirement.
15.0 Reporting
Participating cities and eligible agencies are required to submit reports using
templates provided by OCTA. Required reporting data will include, but not be
limited to, the following:
A. Operational Reports
• Number of Trips by Category
• Vehicle Service Hours
• Vehicle Service Miles
Operational reports are due thirty (30) days after the end of the service month.
B. Financial Reports
• Program Cost Detail by Expense Category and % of Total Operating Cost
• Fares, Fees and Other Operating Revenue
• Participating City and Eligible Agency Total Contribution & Source
• Participating City and Eligible Agency Share as % of Total Operating Cost
• Cumulative Participating City and Eligible Agency Share to Date
• OCTA Contribution
• OCTA Contribution as % of Total Operating Cost
5
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
• Cumulative Contribution Received from OCTA
• Total Monthly Program Operating Cost
• Cumulative Total Program Operating Cost
Financial reports are due sixty (60) days after the end of the quarter. Reports
must be certified by the participating city and eligible agency's Finance Director
or Finance Director's financial designee.
Participating cities and eligible agencies shall be required to maintain
supporting documentation to substantiate reporting data. Supporting
documentation may include, but is not limited to, actual receipts, contractor
invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance
records/receipts.
C. Annual Questionnaire and Document Request (AQDR)
Participating cities and eligible agencies shall certify their compliance with these
Guidelines annually by having their City Manager or City Manager's department
director designee sign a completed version of a questionnaire sent out by OCTA.
Jurisdictions shall also submit all compliance-related documents requested by
OCTA. Completed AQDRs must be submitted to OCTA within ninety (90) days of
the end of the fiscal year reported upon.
Failure to meet the established reporting deadlines for any of these reports may
result in future withholding of funding and/or other sanctions to be determined.
16.0 Audits & Inspection of Records
M2 funding is subject to audit. Participating cities and eligible agencies shall
maintain program documentation and records for a period of no less than five
years. Program documents and records, including but not limited to payroll, trip
sheets, invoices, vehicle maintenance, fuel, and other program-related expenses,
shall be available for review by OCTA SMP administrators, auditors, and
authorized agents upon request. Participating cities and eligible agencies must
follow established accounting requirements and applicable laws regarding the use
of public funds. Failure to submit to an audit in a timely manner may result in
withholding or loss of future funding. Failure to comply with the approved Service
Plan will require remediation which may include repayment, reduction in overall
allocation, and/or other sanctions to be determined by the OCTA Board of
Directors.
Audits shall be conducted by the OCTA Internal Audit Department, or other
authorized agent, as determined by OCTA.
6
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
OCTA's failure to insist in any one or more instances of a participating city and
eligible agency's performance of the provisions set forth in these guidelines shall
not be construed as a waiver or relinquishment of the participating city and eligible
agency's obligation to comply with these guidelines.
Moreover, only the OCTA Board of Directors shall have the authority to alter and/or
waive any requirements/obligations set forth in these guidelines.
7
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENT
Oranges County T.mr, p ,faWrr AvAnazj `UUUY UAMAUL:
oRA ACCESS PREOPERATION INSPECTION
DEFECT REPORT =,:Ue an- cescnoe any oannage;o a ous on ma;:a-
of!ronVrear ana zw o s,ce views
Bus^Jan No. Date:
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PREOPERATIONS INSPECTIONS U ,
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aA aC _Seats _Ha.•+c a.s _IAwesrr va.reis
Scpernso:'s Signature Date
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT A
ATTACHMENTT33�
Senior Mobility Program CCGO
a.rs..xyrs.r wpr OCTA
Monthly Reporting Form
Agency Information
Service for the - Month of: July Year of: 2021
Participating Agency:
Agency Contact Name:
Contact Number/ Email:
oa.r+eion.i Data
One-Way Trips Service Hours Service Miles
Trip Category Jul2021 FYTD Jul2021 FYTD Jul 20211 FYTD
Senior Center
Medical
Nutrition
Shopping
Personal Care -
Social & Recreational - -
Amusement Park -
Aquarium/Zoo -
Beach/Park -
Charity-Social Group Event -
Community-Cultural Event - - -
Education/Employment -
Family-Friends -
Funeral/Memorial Service - -
Government Office/Service -
Library/Museum/Historical Site
Movies/Theater/Concert
Religious Institution -
Restaurant
Sporting/Fitness -
Transit Center/Hub -
Total .
Dedaration and Submission Confirmation
Agency hereby certifies that this report is a complete and correct statement of the program's operating data
SubmittedBy:
Signature: Date:
[ _ THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH
Please send this report by email to CTSPROGRAMS@OCTA.NET.
COOPERATIVE AGREEMENT NO, C-1-3236
EXHIBIT A
ATTACHMENT
Senior Mobility Program (XGO
Corr nr oox.:.e we.t OCTA
Monthly Reporting Form
Agency Information
Service for the- Month of. July Year of: 2021
Participating Agency:
Agency Contact Name:
Contact Number/ Email:
Financial Summaries
Jul 2021 FYTD
Cost Category Cost %of Total Cost %of Total
Direct Cost:Contracted Services 0.0% $ - 0.0%
Direct Cost: In-House Labor 0.0% $ - 0.0%
Direct Cost:Vehicle Expenses 0.0% $ - 0.0%
Direct Cost: Marketing/Outreach 0.0% $ - 0.0%
Subtotal Direct Costs 5 - $
Indirect Costs? 7 Yes 5 0.0% $ 0.0%
Total $ 0.0% $ 0.0%
Above Total Expenses Paid Jul 2021 %of Total FVTD %of Total
OCTA Contribution 5 - 0.0% $ 0.0%
Agency Contribution $ - 0.0% $ - 0.0%
Total Contributions $ - 0.0% f 0.0%
Above Agency Contribution Sources Jul 2021 %of Total FYTD %of Total
General Fund/In-Kind 0.0% 5 0.0%
General Donations 0.0% 5 0.0%
Transportation Fees/Rider Fares 0.0% $ - 0.0%
Title IIIB Funds 0.0% $ 0.0%
Other: 0.0% $ 0.0%
Other: 0.0% 5 0.0%
Other: 0.0%j 5 0.0%
Taal Agefty Contributions $ 0.0% $ 0A%
Declaration and Submission Confirmation
4gency hereby certifies that this report is a complete and correct statement of the program's financial data.
Submitted By: Must be by the Finance Director or Designee
Signature: Date:
THIS REPORT IS DUE NO LATER THAN 60 DAYS AFTER THE END OF THE SERVICE QUARTER
Please send this report by email to CTSPROGRAMS@OCTA.NET
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT B
National Drug-Free
Workplace Alliance
DRUG-FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law. enacted November 1988, with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act, (raising the contractor amount from
$25.000 to $100,000). requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100.000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug-free workplace in compliance with the Drug-Free Workplace Act
of 1988 The Law further requires that all individual contractors and grant
recipients regardless of dollar amount/value of the contract or grant. comply with
the Law
Certification that this requirement is being met must be done in the following
manner
By publishing a statement informing all covered employees that the unlawful
manufacture. distribution, dispensing, possession. or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement
By providing ALL covered employees with a copy of the above-described
statement. including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds). and "indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program)
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Rage +of 2
Rensw 03,032010
COOPERATIVE AGREEMENT NO. C-1-3236
EXHIBIT B
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee. are not covered even if physical place of
employment is in the grantee's workplace
By establishing a continuing, drug-free awareness program to inform employees
of the dangers of drug abuse, the company's drug-free workplace policy. the
penalties for drug abuse violations occurring in the workplace, the availability of
any drug counseling. rehabilitation, and/or employee assistance plans offered
through the employer
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurnng 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
Ad of 1994(FASA).
Page 2 or 2
Revised 03/03?O10
1 COOPERATIVE AGREEMENT NO. CXAUTHORITY
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION 4 AND
5 THE CITY OF HUNTINGTON BE
6 FOR
7 SENIOR MOBILITY PROGRAM
8
9 THIS COOPERATIVE AGREEMENT ("Agreement ), is effective this day of
10 20_ ("Effective Date'), by between the Orange County Transportation
11 Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation
12 of the State of California (herein referred to as "AUTHORITY") and the City of Huntington Beach,
13 California (hereinafter referred to as "CITY") each individually known as "PARTY" and collectively known
14 aS "PARTIES".
15 RECITALS:
16 WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and
17 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
18 concerning senior transportation services, and
19 WHEREAS,/is Agreement defines the roles and responsibilities of AUTHORITY and CITY in
20 executing an SMP for senior transportation; and
21 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County
22 Local Transportation Authority Ordinance No. 3; and
23 WHEREAS, AUTHORITY and CITY agree to comply with all elements of the SMP Project U
24 Funding and Policy Guidelines (SMP Guidelines), and
25 WHEREAS, AUTHORITY's Board of Directors approved this Agreement on
26 2021;
Page 1 of 9
• COOPERAE AGREEMENT NO. C-X-XXXX/
P
1 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and
Y as follows:
2 ARTICLE 1. COMPLETE AGREEMENT
3 A. This Agreement, including any attachments incorporated herein an�ade applicable by
4 reference, constitutes the complete and exclusive statement of the term(§) and condition(s) of this
5 Agreement between AUTHORITY and CITY and it supersedes all prior rep4 entations, understandings,
6 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
7 not affect the validity of other term(s) or condition(s) of this Agreee4 nt. The above referenced Recitals
8 are true and correct and are incorporated by reference herein/
9 B. AUTHORITY's failure to insist on any instance(s) upon CITY's performance of any term(s) or
10 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
11 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
12 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
13 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
14 representative of AUTHORITY byway of a written amendment to this Agreement and issued in
15 accordance with the provisions of this Agreement.
16 C. CITY's failure to insisi on any instance(s) of AUTHORITY's performance of any term(s) or
17 condition(s) of this Agreement hall not be construed as a waiver or relinquishment of CITY's right to such
18 performance or to futurerformance of such term(s) or condition(s), and AUTHORITY's obligation in
19 respect thereto shallcontinue in full force and effect. Changes to any portion of this Agreement shall not
20 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
21 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
22 this Agreement.
23 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
24 A. AUTHORITY agrees to provide funds per the SMP Guidelines:
25 1. Services provided under the SMP are available to individuals sixty (60) years of
26 age and older.
/ Page 2 of 9
COOPERAVE AGREEMENT NO. C-X-XXXX
i
1 2. Funds for the program are identified as one percent (1%) of Renewed Measure M
2 (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local
3 jurisdictions based upon the participating entity's respective percentage of tj-s nior population of the
4 entire County.
5 3. Senior population will be determined by using thdmost current official decennial
6 Census information provided by the U.S. Census Bureau. /
7 4. All active participants will receive their portion of funding on a bi-monthly basis.
8 B. AUTHORITY agrees that Net Revenues/cated shall be expended within three (3)
9 years of receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not
10 be granted beyond a total of five (5) years from th4date of the initial funding allocation.
11 C. In the event the time limits for of Net Revenues are not satisfied, then any retained
12 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned
13 to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
14 any project within the same source program at the discretion of AUTHORITY.
15 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
16 paratransit vehicle, at no cos CITY and no further responsibility to AUTHORITY after vehicle donation.
17 CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of
18 Five Thousand Doll rs ($5,000) per vehicle, subject to vehicle availability.
19 ARTICLE13. RESPONSIBILITIES OF CITY
20 A. /ITY must satisfy all M2 eligibility criteria, as specified in the Orange County Local
21 Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula
22 allocation for the SMP.
23 /B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above
24 will be used exclusively for providing accessible senior transportation services as specified in
25 /Exhibit A, entitled "Senior Mobility Program Agency Service Plan."
26 I
Page 3 of 9
• COOPERME AGREEMENT NO. C-X-XXXX
1 C. CITY agrees to comply with all elements of the SMP Guidelines as specified in
2 Exhibit A, Attachment 1. /
3 D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of
4 receipt. AUTHORITY may grant an extension to the three (3);y�r limit, but extensions shall not be
5 granted beyond a total of five (5) years from the date of the in funding allocation.
6 E. In the event the time limits for use of NetRevenues are not satisfied, any retained Net
7 Revenues that were allocated to CITY and interest ear ed thereon shall be returned to AUTHORITY and
8 these Net Revenues and interest earned thereon shall be available for allocation to any project within the
9 same source program at the discretion of AUTHORITY.
10 F. CITY agrees to match twenty percent (20%) of the total annual program expenditures.
11 Local match may be made up of cash-su�bs idies, fare revenues, or in-kind contributions.
12 G. CITY may contract with a third-party service provider to provide senior transportation
13 services provided that: /
14 1. Contractor is selected using a competitive procurement process; and
15 2. Wheel it accessible vehicles are available and used when requested.
16 H. CITY sh'I procure and maintain insurance coverage during the entire term of this
17 Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or
18 coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance.
19 CITY shall pro ode the following insurance coverage:
20 1. Commercial General Liability, to include Products/Completed Operations, Independent
21 Contracto s', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per
22 occurrence and $2,000,000 general aggregate;
23 / 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a
24 combined single limit of$1,000,000 each accident;
25 3. Workers' Compensation with limits as required by the State of California including a
26 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and
I
Page 4 of 9
COOPERAVE AGREEMENT NO. C-X-XXXX
1 4. Employers' Liability with minimum limits of$1,000,000 per accident, $1,000,000 policy
2 limit-disease, and $1,000,000 policy limit employee-disease.
3 I. Proof of such coverage, in the form of an insurance company issued policy endorsement
4 and a broker-issued insurance certificate, must be received by AUTHORITY po(ior to commencement of
5 any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days
6 from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents
7 designated as additional insured on the general and automobile liability. Such insurance shall be primary
8 and non-contributive to any insurance or self-insurance �nKned by AUTHORITY. CITY shall also
9 include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts
10 required as provided in this Agreement. Subcontractor/will be required to include AUTHORITY and other
11 project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess
12 liability policies. /
13 J. CITY shall include on the faze the Certificate of Insurance the Cooperative Agreement
14 Number C-X-XXXX; and, the Associate Contract Administrator's Name, Luis Martinez.
15 M. In the event CITY bt ins a retired AUTHORITY vehicle for SMP services, CITY agrees
16 to transfer vehicle title and regisstt ation within fourteen (14) calendar days from taking possession of the
17 vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title
18 and registration from/UTHORITY to CITY within thirty (30) calendar days from
19 taking possession of th7vehicle.
20 ARTICLE 4. XERM OF AGREEMENT
21 A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect
22 through June 30/026 (Initial Term), unless earlier terminated or extended as provided in this Agreement.
23 B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an
24 additional ve (5) years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term),
25 and the eeupon require CITY to continue to provide services, and otherwise perform, in accordance with
26 Ex hi it A.
Page 5 of 9
• COOPERAE AGREEMENT NO. C-X-XXXX
1 C. AUTHORITY's election to extend the Agreement beyond the Initial Term shall not diminish its
2 right to terminate the Agreement for AUTHORITY's convenience or CITY's default as provide-e sewhere
3 in this Agreement. The ''maximum term" of this Agreement shall be the period extending from
4 commencement through June 30, 2031, which period encompasses the Initial Term,and Option Term,
5 ARTICLE 5. NOTICES /
6 All notices pertaining to this Agreement and any communicationVfrom the PARTIES may be
7 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or
8 certified mail, return receipt requested, postage prepaid and addressed as follows:
9 To CITY: To AUTHORITY:
10 City of Huntington Beach Orange County Transportation Authority
11 2000 Main Street /550 South Main Street
12 Click or tap here to enter text. P. O. Box 14184
13 Huntington Beach, CA 92648 Orange, CA 92863-1584
14 Attention: Name: Chris Slama Attention: Luis Martinez
Title: Director, Community/Library Associate Contract Administrator
15 Services Tel: 714-536-5495 lhb
Tel: (714) 560-5767
16E-mail. Imartinezipocta.net
Email: cslama@surfcdg
17 ARTICLE 6. FEDERAL/STATE AND LOCAL LAWS
18 AUTHORITY and CITY agree that in performance of their obligations under this Agreement,
19 they shall comply with all applicable federal, California state and local laws, statutes and ordinances
20 and all lawful orders,Zles and regulations promulgated thereunder.
21 ARTICLEr7. ORDER OF PRECEDENCE
22 Conflating provisions hereof, if any, shall prevail in the following descending order of precedence:
23 (1) the provisions of this Agreement, including all exhibits, (2) all other documents, if any, cited herein or
24 incorpor4cl by reference.
25
26 /
Page 6 of 9
• COOPEROE AGREEMENT NO. C-X-XXXX
1 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
2 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's
i
3 accounting books, program records, payroll documents and facilities as AUTHORITYideems necessary.
4 CITY shall maintain such books, records, data and documents in accordance ith generally accepted
5 accounting principles and shall clearly identify and make such items readily/accessible to such parties
6 during CITY's performance hereunder and for a period of five (5) years r m the date of final payment by
7 CITY. AUTHORITY's right to audit books and records directly related,to this Agreement shall also extend
8 to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by
9 any means whatsoever or to copy excerpts and transcription as reasonably necessary.
10 ARTICLE 9. TERMINATION /
11 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
12 whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in
13 advance of the specified date of termination
14 ARTICLE 10. INDEMNIFICATION
15 A. CITY shall indemnify, dr(nd and hold harmless AUTHORITY, its officers, directors,
16 employees and agents from and against any and all claims (including attorney's fees and reasonable
i
17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
18 to or loss of use of property, caused by the negligent acts, omissions, or willful misconduct by CITY,
19 its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out
20 of the performance/off this Agreement .
21 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full
22 indemnification of
23 C./As a funding source, AUTHORITY shall not be liable for any claims or losses arising
24 from CITY a result of using the fund.
25 /
26 /
I Page 7 of 9
COOPERA*E AGREEMENT NO. C-X-XXXX
J
1 ARTICLE 11. ALCOHOL AND DRUG POLICY ;
r
2 A. CITY agrees to establish and implement an alcohol and drug program that complies with
3 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attachedrto this Agreement
4 as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with
f
5 sections 701-707. �
6 B. Failure to comply with this Article may result in nonpayment or termination of this
,r
7 Agreement.
f
8 ARTICLE 12. FORCE MAJEURE
9 Either PARTY shall be excused from performing its obligations under this Agreement during
10 the time and extent that it is prevented from performineby a cause beyond its control, including, but
11 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
12 facilities by the federal state or local government; national fuel shortage, or a material act of omission
13 by the other PARTY, when satisfactory evidence of such cause is presented to the other PARTY, and
14 provided further that such nonperformance is unforeseeable, beyond the control and is not due to the
15 fault or negligence of the PARTY not/performing.
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 8 of 9
• COOPERA E AGREEMENT NO. C-X-XXXX
i
r
1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-X-XXXX to
2 be executed as of the date of the last signature below.
i
3 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
4 f
r
5 By: By: '
Mayor Darrell E. Johnson
6 Click or tap here to enter text. Chief Executive Officer
f
7 r`
8 ATTEST: APPROVEDfAS TO FORM:
9 Q /�
10 By: / By: J
11 ity Clerk James M. Donich
General Counsel
12 1
J
13 APPROVED AS TO FORM APPROVAL RECOMMENDED:
14 ( J J15
By: r — By:
16 'z� Michael E. Gates ;' Beth McCormick
City Attorney Executive Director, Operations
17
18
f APPROVAL RECOMMENDED:
19
20
By:
21 Jennifer L. Bergener
Chief Operating Officer, Operations/
22 Deputy Chief Executive Officer
23
24
25
26
Page 9 of 9
S ity City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Certificate of Self Insurance
Memorandum Number: FY 21/22, No, 007
This evidence of coverage is used as a matter of information only and confers no rights upon the
Certificate Holder. This evidence of coverage does not amend, extend or alter the coverage
afforded by the memoranda listed below.
Certificate Holder. Orange County Transportation Authority, 550 South Main Street, PO Box
14132, Oranye, CA 92863-1584
Coverage Effective: 07/01/21 Coverage Expires: 06/30/22
This is to certify that the City of Huntington Beach is self-insured for general liability claims.
Sufficient cash reserves to afford coverage for uninsured losses are maintained at $ 1,000,000.
Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability,
Workers' Compensation Coverage
Limit of Liability/Coverage: S 1,000,000 Combined Single Limit per Occurrence
Certificate Requested By: Carrie Gonzales, Community Services
Description of Operation, Vehicle or Property: This certificate is issued to and additonally insures
the Certificate Holder, its agents, officers, representatives and employees as proof of the City of
Huntington Beach's self-insurance status in conjuction with the Cooperative Agreement
Number C-T-3236 [Contract Administrator: Luis Martinez]. It is provided to Carrie Gonzales of the
City of Huntington Beach Community Services Department at 2000 Main Street, Huntington
Beach, CA (92648).
Should any of the above coverage for the Covered Party be changed or withdrawn prior to the
expiration date issued above, the City of Huntington Beach will mad a 30-day written notice to
the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any
kind upon the City of Huntington Beach, its agents, officers or employees. If you have any
questions, contact:
DeAnna Soria, Risk Manager
(714( 536-5 9
Authorized Representative: V
su try City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Additional Insured Endorsement
Memorandum Number: FY 21/22, No. 007
This evidence of additional insured status is provided to the person or organization shown in the
schedule below. The coverage is provided on a primary and non contributory basis
SCHEDULE
Named of Person or Organization: Orange County Transportation Authority, 550 South Main
Street, PO Box 14182, Orange, CA 92863-1584.
Coverage Effective: 711121 Coverage Expires: 61130122
Type of Coverage: General Liability
Limit of Liability/Coverage: 5 1,000,000 Combined Single Limit per Occurrence
Endorsement Requested By: Carrie Gonzales, Community Services
Description of Operation, Vehicle or Property: This additional insured endorsement is issued in
conjunction with the Cooperative Agreement Number C-1-3236 )Contract Administrator: Luis
Martine]. It is provided to Carrie Gonzales of the City of Huntington Beach Community Services
Department at 2000 Main Street, Huntington Beach, CA (92648).
Should any of the above coverage for the Covered Party be changed or withdrawn prior to the
expiration date issued above, the City of Huntington Beach will mail a 30-1day written notice to
the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any
kind upon the City of Huntington Beach, its agents, officers or employees. If you have any
questions, contact:
DeAnna Soria, Risk Manager
�)7/14_) 536-5519
Authorized Representative:
I
suiCity of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Waiver of Our Right to Recover From Others Endorsement
Memorandum Number: FY 21/22, No. 007
We have the right to recover our payments from anyone liable for an injury covered by this
policy. We will not enforce our right against the person or organization named in the
Schedule. (This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.) This agreement shall not
operate directly or indirectly to benefit anyone not named in the Schedule
SCHEDULE
Named of Person or Organization: Orange County Transportation Authority, 550 South Main
Street, PO Box 14182, Orange, CA 92863-1584
Coverage Effective: 111121 Coverage Expires: 6/30/22
Type of Coverage: Workers Compensation
Limit of Liability/Coverage: S 1,000,000 Combined Single Limit per Occurrence
Endorsement Requested By: Carrie Gonzales, Community Services
DeAnna Soria, Risk Manager
(714) 536-5 9
Authorized Representative:
I
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ N�rN.,\v.huntingtonbeachca.gov
11.Ago*' Office of the City Clerk
Robin E.stanislan, City Clerk
July 7, 2021
Orange County Transportation Authority
Attn: Luis Martinez
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Dear Mr. Martinez:
Enclosed is a partially executed original of the "Cooperative Agreement No. C-X-XXXX
between Orange County Transportation Authority and the City of Huntington Beach for
Senior Mobility Program" approved by the Huntington Beach City Council on July 6,
2021.
Upon complete execution, please return a copy of the fully executed agreement with the
Agreement number to us so we can provide the insurance. Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 211 Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Robir\\ Estanislau, CMC
City Clerk
RE4&Pc
Enclosures
Sister Cities: Anjo, Japan • Waitakere, New Zealand
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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
114
B THIS AGREEMENT Is made and entered into this 2'F day of Ju-nE 12011
9 by and between the Orange County Transportation Authority, 550 South Meln 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 senor 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
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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 conditlon(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 fallowing guidelines: 1
16 1. Services provided under the Senior Mobility Program are available to individuals i
i
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 lax 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(M 2010-11 as Illustrated In Exhibit B, "Senior Mobility
Page 2 of 9
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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 Ilmits 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 donatlon. CITY may purchase additional vahlcle(s)In excess of their vehicle allocation at a cost of Five
15 Thousand Dollars ($5,000) per vehicle,subject to vehicle availability.
i
16 ARTICLE 3. RESPONSIBILITIES OF CITY
i
17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
I '
18 above will be used exclusively for providing accessible senior transportation services that do not
19 duplicate AUTHORITY's services as specified in Exhibit A entitled"Scope of Work."
20 B. CITY must satisfy all M2 eligibility criteria In order to receive their formula allocation for
21 this program.
22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within
2$ three (3) years of receipt. AUTHORITY may grant an'extenslon 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
28 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
Page 3 of 9
LiCortunICLERICALIWORDFROCWGREEI4G 12475.do=
141
i
AGREEMENT NO. C-1-2476
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 thlyd-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 shell 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 ProducWCompleted Operations,
13 Independent Contractors', Contractual Liability, and Personal Injury Uablllty, 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
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142
l
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, Pis 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
16 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 AUTHORTF Y, at its sole discretion, retains the right to extend this Agreement through June 30, 2021.
25 1
26 I
Page 5 of 9
L1Cemm1CLERICAL%W0ROPR0=GREEWG12476d=
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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: Pla Veesapen
11 (714) 536-5543 (714) 560-5619
12 ARTICLE 5 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, Callfornla 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
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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 indemnity, 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.
15 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:\CammVCLERICAL4WOR DPROCW GREEwG12475.doa
145
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 OE 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 I
19
20
21
22
23 /
24 1
25. /
25 I
Page 8 of 9
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146
AGREEMENT NO, C-1.2476
1 Upon execution by both PARTIES, this Cooperative Agreement shell be made effective on
2 Jury 1, 2011.
3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No.
4 G1-247 to be exe d on the date flrst above written,
5 CI F GTON BEACH ORANGE C U TY TRA PORTATION AUTHORITY
8 By By
Car lo, Will Kempton
7 eyor Chief Executive Officer
8
9 ATTE 7: APPRO�D AS TO FORM:
10 �y �/ By `
Jo Flynn Kennard R. Smart,Jr.
11 Clerk General Counsel
12
13 APPROVED AS TO FORM: APP
�� .
14 B By
nnlfer 1cGrelh Beth McCormlck
15 ly Attorney General Manager,Transit
18
17
18
19
20
21
22
23
24
25
26
Page 9 of 9
L:1CQ=ICLERICALIV MRDPROCCAGREEN012475.Cgm
147
—Distributed.. rJ ,
Accounting
CAMM
FPA
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�Veendor
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
B THIS AMENDMENT NO. 1 is made and entered into this _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 aye
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
148
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, 20160 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 HUNTIN*EH ORyDarrellohn
RANSPORTATION AUTHORITY
121.3 By BY
atap 14 Ma or fficer
15 AP M:
16
17 By �Z�fn. :J.�-���-' By
Robin Estanislau Ja s M. Donich i
18 City Clerk neral Counsel
19 A PROVED: q
20 B B
21 Y
MigAael Gates DM (ol2gllsa Beth McCormick
22 y Attorney General Manager, Transit
23
24
25
26
Page 2 of 2
149
Attachment 1 to
AMENDMENT NO. 1TO
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
16 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."
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Attachment 1 to
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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.
I
18 i H. CITY may contract with a third-party service provider to provide senior transportation
19 i 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 I provide the following insurance coverage:
25 /
26 /
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' 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 I $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
g 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 /
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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 I
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
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