HomeMy WebLinkAbout25J - AGMT - SENIOR MOBILITY PROGRAMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
AGREEMENTS WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR
SENIOR MOBILITY PROGRAMS
1), U?"
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the annual amount of $167,850 to provide the
Senior Mobility Program for a five year period, subject to non-substantive changes approved
by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the annual amount of $71,848 to provide the
Senior Mobility Program at the Vietnamese Community of Orange County for a five year
period, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the
purpose of improving transportation services for seniors in the region. Through the program, the
Parks, Recreation and Community Services Agency provides transportation services to Santa Ana
seniors to and from our two senior centers and various City events. For FY 2011-2012, the City of
Santa Ana will receive $167,850 to continue the operation of two vehicles used for local senior
transportation services. As part of the agreement the City of Santa Ana will provide a 20 percent
local match, which may consist of in-kind staff resources or other contractual transportation
services. Funds for the match are included in the Parks, Recreation and Community Services
Agency FY 2011-12 budget.
In addition, the City will receive $71,848 from OCTA to support the Vietnamese Community of
Orange County's (VNCOC) Senior Mobility Program. The VNCOC will receive $71,848 and provide
the 20 percent local match required under the agreement. In turn, VNCOC will provide
transportation services for the Vietnamese senior community in Santa Ana.
25J-1
Agreements with Orange County
Transportation Authority
May 16, 2011
Page 2
FISCAL IMPACT
Funds will be appropriated in the 2011-2012 OCTA Senior Mobility grant fiscal year budget.
Gerardo Mouet,
Executive Director ;
Parks, Recreation and
Community Services Agency
Approved as to Funds and Account:
Francisco Gutierrez,
Executive Director
Finance & Management Services Agency
25J-2
OCTA
BOARD Or DIRECTORS April 18, 2011
Patricia Bates
Chair
Paul Glaab Ms. Pearl Raya
Vice Chair City of Santa Ana
JerryAmante 424 West Third Street
Director Santa Ana, CA 92702
Don Bankhead
Director
Peter 8utta SUBJECT: AGREEMENT NO. C-1-2486
Director
Silt Campbell Dear Ms. Raya:
Director
CarolynCavecche Enclosed is the original document for Agreement No. C-1-2486 for your review and
Director signature.
Larry Crandall
Director Please execute the document in blue ink where indicated and return the signed
William J. Dalton original to Pia Veesapen by May 3, 2011. The first page of the document will be
Director
completed by the Authority upon final execution.
Don Hansen
Director
Peter Herzog Should you have any questions, please contact Ms. Veesapen at (714) 560-5619.
Director
John Moorlach Sincerely,
Director
Shawn Nelson
Director
Janet Nguyen
Director Cathy Foreman
Miguel Pulido Office Specialist
Director
Contracts Administration and Materials Management
Tom Tart
Director
GregWinlerbottorn Enclosure
Drreclor
Cindy Ouon
Governor's
Ex Officio Member
CHIEF EXECUTIVE OFFICE
Wilt Kernpton
Chief Executive Officer
Orange County Transportation Authority
550 South Main Street /PO . B2 93 -01 ge / California 92863-1584 / (714) 560-OCTA (6282)
COOPERATIVE AGREEMENT C-1-2486
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SANTA ANA
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this day of 12011
by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863-1584, a public corporation of the state of California (hereinafter referred to as
"AUTHORITY"), and the City of Santa Ana, 424 West Third Street, Santa Ana, California 92702
(hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes individually referred
to as the "PARTY" and collectively as the "PARTIES."
RECITALS
WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Santa
Ana; and
WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
concerning senior transportation services; and
WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY
and CITY in executing a Senior Mobility Program for senior transportation; and
WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange
County Local Transportation Authority Ordinance No. 3; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
February 14, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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AGREEMENT NO. C-1-2486
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including all exhibits and documents incorporated herein and made
3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and
4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior
5 representations, understandings and communications. The invalidity in whole or in part of any term or
6 condition of this Agreement shall not affect the validity of other term(s) or condition(s).
7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of
8 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and
10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an
12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued
13 in accordance with the provisions of this Agreement.
14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
15 A. AUTHORITY agrees to provide funds per the following guidelines:
16 1. Services provided under the Senior Mobility Program are available to individuals
17 60 years of age and older.
18 2. Funds for the program are identified as 1 % of Renewed Measure M (M2) net
19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's
20 respective percentage of the senior population for the entire county.
21 3. Senior population will be determined by using the most current official
22 decennial Census information provided by the U.S. Census Bureau.
23 4. All active participants will receive their portion of funding on a bi-monthly
24 basis.
25 B. In the event that the amount of M2 funding provided for this program is less than the
26 amount allocated for this program in Fiscal Year 2010-11 as illustrated in Exhibit B, "Senior Mobility
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AGREEMENT NO. C-1-2486
1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds
2 to CITY in an amount no greater than FY2010-11 funding levels less M2 SMP revenues for up to three
3 (3) years. Disbursement of TDA funds will occur with the last bi-monthly distribution of M2 funds during
4 the fiscal year.
5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years
6 of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions shall not be
7 granted beyond a total of five years from the date of the initial funding allocation.
8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained
9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be
10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for
11 allocation to any project within the same source program at the discretion of AUTHORITY.
12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle
14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five
15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
16 ARTICLE 3. RESPONSIBILITIES OF CITY
17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
18 above will be used exclusively for providing accessible senior transportation services that do not
19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work."
20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for
21 this program.
22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within
23 three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions
24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.
25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
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AGREEMENT NO. C-1-2486
1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
2 any project within the same source program at the discretion of AUTHORITY.
3 E. CITY agrees to match twenty percent (20%) of the total annual formula allocation.
4 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions.
5 F. CITY may contract with a third-party service provider to provide senior transportation
6 services provided that:
7 1. Contractor is selected using a competitive procurement process; and
8 2. Wheelchair accessible vehicles are available and used when requested.
9 G. CITY shall procure and maintain insurance coverage during the entire term of this
10 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall
11 provide the following insurance coverage:
12 1. Commercial General Liability, to include Products/Completed Operations,
13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of
14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
15 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a
16 combined single limit of $1,000,000.00 each accident;
17 3. Workers' Compensation with limits as required by the State of California including a
18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or
19 agents;
20 4. Employers' Liability with minimum limits of $1,000,000.00; and
21 5. Professional Liability with minimum limits of $1,000,000.00 per claim.
22 H. Proof of such coverage, in the form of an insurance company issued policy
23 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to
24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten
25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,
26 employees and agents designated as additional insured on the general and automobile liability. Such
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AGREEMENT NO. C-1-2486
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-1-2486; and, the Senior Contract Administrator's Name, Pia Veesapen.
5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior
6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as
7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this
8 Agreement, which is incorporated into and made part of this Agreement.
9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and
10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements.
11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the
12 jurisdiction's fiscal year and include the following:
13 1. All Net Revenue fund balances and interest earned.
14 2. Expenditures identified by type (i.e, capital, operations, administration, etc.) and
15 program or project.
16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program
17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking
18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming
19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking
20 possession of the vehicle.
21 ARTICLE 4. TERM OF AGREEMENT
22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect
23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement.
24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021.
25 /
26 /
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AGREEMENT NO. C-1-2486
1 ARTICLES. 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 Santa Ana Orange County Transportation Authority
7 424 West Third Street 550 South Main Street
8 P.O. Box 14184
9 Santa Ana, California 92702 Orange, California 92863-1584
10 ATTENTION: Pearl Raya ATTENTION: Pia Veesapen
11 (714) 571 - 4230 (714) 560 - 5619
12 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS
13 AUTHORITY and CITY agree that in performance of their obligations under this Agreement,
14 they shall comply with all applicable federal, California State and local laws, statutes and ordinances
15 and all lawful orders, rules and regulations promulgated thereunder.
16 ARTICLE 7. ORDER OF PRECEDENCE
17 Conflicting provisions hereof, if any, shall prevail in the following descending order of
18 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any,
19 cited herein or incorporated by reference.
20 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
21 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's
22 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY
23 shall maintain such books, records, data and documents in accordance with generally accepted
24 accounting principles and shall clearly identify and make such items readily accessible to such parties
25 during CITY's performance hereunder and for a period of four (4) years from the date of final payment
26 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also
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AGREEMENT NO. C-1-2486
1 extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce
2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
3 ARTICLE 9. TERMINATION
4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in
6 advance of the specified date of termination.
7 ARTICLE 10. INDEMNIFICATION
8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
9 employees and agents from and against any and all claims (including attorney's fees and
10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in
13 connection with or arising out of the performance of this Cooperative Agreement .
14 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full
15 indemnification of AUTHORITY.
16 ARTICLE 11. ALCOHOL AND DRUG POLICY
17 A. CITY agrees to establish and implement an alcohol and drug program that complies with
18 41 U.S,C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this
19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its
20 compliance with sections 701-707.
21 B. Failure to comply with this Article may result in nonpayment or termination of this
22 Agreement.
23 ARTICLE 11. CONFLICT OF INTEREST
24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest
25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to
26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work
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AGREEMENT NO. C-1-2486
identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive
advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as
soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY
pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this
Agreement.
ARTICLE 12. CODE OF CONDUCT
CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third-Party
contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to
include these requirements in all of its subcontracts.
ARTICLE 13. FORCE MAJEURE
Either PARTY shall be excused from performing its obligations under this Agreement during
the time and extent that it is prevented from performing by a cause beyond its control, including, but
not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants
or facilities by the federal state or local government; national fuel shortage; or a material act of
omission by the other PARTY; when satisfactory evidence of such cause is presented to the other
PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is
not due to the fault or negligence of the PARTY not performing.
I
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AGREEMENT NO. C-1-2486
Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on
July 1, 2011.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No.
C-1-2486 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
David Ream Will Kempton
City Manager Chief Executive Officer
APPR VEDAS TO FORM:
By 9 '(?W
Kennard R. Smart, Jr.
General Counsel
A V
By
Beth McCormick
General Manager, Transit
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AGREEMENT NO. C-1-2486
EXHIBIT A
SCOPE OF WORK
Senior Mobility Program
1. The City of Santa Ana (City) shall utilize funding provided by the Orange County
Transportation Authority (OCTA) and its local match to provide the following
services:
• Door to door service to Santa Ana fragile senior residents to and from the two
Senior Centers, Southwest and Santa Ana Senior Centers.
• Fragile, elderly seniors in need of service will be accommodated in the Senior
Mobility Transportation Program upon calling or visiting either one of the
Senior Centers.
• The service is provided daily; morning pick-ups begin at 7:30 a.m. and end at
approximately 3:00 p.m. Seniors will be at each center in time to enjoy a hot
lunch, exercise, workshops and social activities.
2. The City shall follow competitive procurement practices in selection of vendors
for all services which it does not provide using its own workforce. Any Request
for Proposals (RFP) for services shall specify the use of vehicles meeting
Americans with Disabilities Act (ADA) accessibility standards.
3. The City wishes to utilize retirement eligible OCTA ACCESS vehicles for
provision of SMP services. The City is aware that additional vehicles may be
purchased from OCTA at a cost of $5,000 per vehicle. The cost of any additional
vehicles shall be deducted from the next fiscal year allocation. City must register
the vehicle and maintain title for at least one year after transfer of title from
OCTA.
4. The City shall perform, or ensure that a contracted vendor performs,
maintenance of all vehicles used in the Senior Mobility program, including, at a
minimum:
• Daily Pre-Trip Inspections that meets or exceeds the guidelines provided in
the attached Pre-Operation Inspection & Defect Report (Attachment 1).
• Scheduled preventive maintenance that meets or exceeds the guidelines
provided in the attached Senior Mobility P.M. Checklist, including the
maintenance of all accessibility features of the vehicles (Attachment 2).
The City shall maintain maintenance records for each vehicle for 5 years and
shall cooperate fully in annual Motor coach carrier terminal inspections
conducted by the California Highway Patrol.
5. The City shall ensure that its operators, or its contracted vendor's operators, are
properly licensed and trained to proficiency to perform their duties safely, and in
a manner which treats its riders with respect and dignity. Disability awareness
and passenger assistance shall be included in this training.
25J-13
AGREEMENT NO. C-1-2486
EXHIBIT A
6. The City shall submit a monthly report to OCTA's Community Transportation
Services which includes, at a minimum, a monthly and fiscal year-to-date
summary of service and expenditures.
7. The City shall participate in OCTA marketing and outreach efforts to encourage
use of fixed-route transit service by older adults.
8. The City shall note OCTA sponsorship in any promotional material for service
funded under this agreement and shall display the OCTA Senior Wheels program
logo on vehicles use in this program (excluding taxis).
9. The City shall ensure that it maintains adequate oversight and control over all
aspects of service that are provided by a contracted vendor.
2
25J-14
Attachment 1
Pre- Operation Inspection & Defect Report
BusNan No. Date:
Fedora! Rsgvtetions state that no motor vahicre carrying passengers for two
shad be driven urrtess the driver has determined that the Wowing pans and
accessories are in good working order- Each driver is required to submit a
s4nad written report daily for each coach driven.
Is( Driver.
Miles Finish: Mks Start: Mites Elapsed:
No Defects: O Defects: O Signature.
2nd Drhw
Miles Finnish: Mdes Start: Mika Elapsed:
No Defects: D Defects: O Signature:
3rd Driver
Miles Finish: Miles Start ' Miles Elapsed'
No Defects. O Defects: O Signature'
PREOPERATIONS INSPECTIONS
Indicate witty an (x) that each Rem has been checked.'
AWPM AMIPM
Tires/Lug Nuts (wheels & rims) _I_ Emergency Reflectors
Motor-Guard _/_ Turn Signal Switch/Horn
Air System First Aid lQ
_]_ Llghta/Reflectons Radio
Wheelchair Lifts I- Drivers SeaVS0
_j_ Whe fthair Lift Cover _!_ Door Interlock
Mirrors 1- W/C Tie Down Straps
Windshield WtperstWashers Manual Litt Bar
_f_ Fire Exbr gttWw Conduct Wak Aratnd
_t_ Steering Mechanism -!- ParkatpfBrakeWService
Brakes
DEFECTS: Indicate with an (x) defecdve items 0*: (ExpWn in Detafg
Brake Fluid Leaks
- _ Light On: - Hot Engate/Water Leaks
Soft/Hard Brakes Not Applied _ Low OWOU Leaks
- Puff Puff to L/R - Light On: _ Starts Hard
- Dragging 8rakas Applied, _ No PowerfEng. Ck. Light
- Smoking Bus Stopped _ Smokes
_ Emergency Brake Light Not On: _ tdtes RoughVibration
- Cow - wpwn Brakes Applied, _ Exhaust, Vacuum Leaks
T u-s4- f-MS Bus Moving _ Fuel Leaks/LPGIGas
Fiat A NSA - OVW -
Embedded Oblecl _ Off T"NSM ISSfdv
_ Cut _ Too CokvHot _ Wont Go into Gear
_ Smooth/Cord _ Defroster Defect _ Slips/Grinds lurches
_ Lr RF RR, RRO LRr LRG _ VentdaUori (Bk?werS) _ Excessive Nonce
_ Loose Missing Lugs _ Francs _ Leaks
_ cote - applairt _ C)OW• expku _ Drive Line Vustion
L rXfS EXTRANC& xtrDOORSr ..- Rear End Noise
_ Interior WWOOyS STEEt4ING
_ Exterior _ Slow _ Har"inds
_ LOOabon _ Inoperattve _ Shimmy
_ Leaks Air _ Excessive Play
t Nf2=K CLEANLMPESS - Excessive Play - Other -
Intenor -00W ' min
_
Exterior - Emergency Rell aces _ Generator/Starter
_ Floor WtiEELMom L FT _ Turn Signsts/Fiashers
Wrvlows
- _ Will Not Fold Out Hom
Seat Condition _ Will Not Lower/Raise Fare Bo,
:xplain _ No Resbant DwevUp _ InsWVmen WGattges
_ Lift Will Not Fold Into _ Fuel. OR, Amp X%ter
Bus
zaDto _ Seats _ Nandraits _ Mooesty Panels
tJUUY DAMACit:
Circle and describe any damage to a bus on d,agrarr
of frontirear and two side views
0
E =T1
LIIJLI
MOM
Description.
Description:
Description
..r
Description:
OPERATOR(S):
IMPORTANT! Help expedite repairs by providing necessary
information regarding defects' Please print.
REPAIRS MADE:
ALL ITEMS COMPLETED - BUS SERVICED AND RELEASED:
Supervisor's Signature Date
25J-15
Attachment 2
Senior Mobility P.M. Check List
Inspection
Date Bus# TERMINAL. workorder# Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between
B. Check files and open workorders
C. Interior
Y 1v
E. Under hood
V
x a
1 Entry door operation and seals
2 Temperature and oil warning devices
3 Neutral safety system
4 Horn, gauges and dash lights
5 Heater, defroster and fan
6 Windshield wipers and washer
7 Indicator lights
8 Throttle operation
9 Steering free play In.
10 Applied and unapplied brake test for vacum loss
11 Interior lights
12 Windshield and window glass condition
13 Window mechanism and seals
14 Seat condition
15 Interior body, floor and stantions
16 Fire extinguisher date and bracket
17 Road warning devices
18 First aid kits
19 Emergency exits operation, warning devices and signs
20 Interior clean
21 Back up alarm
D. Exterior
9
Y LD
1 Check for visible leakage
2 Engine oil level
3 Transmission fluid level and condition
4 Brake fluid
5 Power steering fluid
6 Check all belts
7 Component and accessory mounting
8 Check all hoses and routing
9 Coolant level and protection Of ph
10 Pressure test cooling system
11 Water pump and fan clutch play
12 Air filter condition - check restriction gauge
13 Check exhaust system
14 Battery fluid level and mounting
15 Clean battery and connections
16 Drain fuelfwater separator
F. Under Bus
m
Y
1 Kingpin and wheel bearing play
2 Tire wear, condition and matching
3 Leakage at backing plates and wheel seals
4 Steering box, mounting, leakage, looseness and leaks
5 Front shocks and mounting
6 Front springs, bushings
7 Engine leeks, lines, filters, hoses and engine mounts
8 Starter and connections
9 Exhaust system and mounting
10 Transmission mounted parking brake
11 Transmission leaks
12 Output shaft play
13 Driveshaft guard, U joints and retarder
14
E Body hold downs and insulators
15 Wiring along frame
16 Differential leaks, fluid level
17 Pinion play
18 Breather vent
19 Rear shocks and mounting
20 Rear springs, bushings and U bolts
21 Leakage at backing plates and wheel seals
22 Fuel tank straps and lines
23 Tail pipe hangers
24 Lube entire chassis
25 Check drag link, tie rods and idler arms
1 All exterior lights and signals
2 Mirror condition and mounting
3 Record body damage
4 Bumper bolts
5 Paint lettering and appearance
6 Emergency exits
7 Axle flange and lug nuts, oil hubs
8 Tire side wall condition, cracked wheels, valve stem
Valve stem cap, alignment of rear duels
9 Tread depth
LF RF LRO
LRI RRO RRI
10 Tire inflation: Record and inflate
LF RF LRO
LRI RRO RRI
25J-16
Attachment 2
Senior Mobility P.M. Check List
D
1 Visible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
4 Hvdraulic lines
Remove wheels and check the following items
5 Pads and rotors
6 Check pins and caliber's
H. Roadtest
1. Note repairs needed
D. Lift Inspection
Inspection
a
1 Check lift for proper operations
2 Inspect for stress, cracks, mounting and alignment
3 Check pins
4 Check the complete hydraulic system
5 Check micro switches and electrical wiring
6 Check all system covers and warning signs
7 Check safety barrier
8 Lube complete lift
9 Check wheelchair securements, proper amount and operation
10 Lift door warning device
11 Lift cover in place
Signature of Inspecting Mechanic
6,000 miles- inspection/oil change
30,000 Transmission service
60,000 Differential service
Signature of Supervisor
25J-17
AGREEMENT NO. C-1-2486
EXHIBIT B
M Senior Mobility Program Allocation
OCTA FY 2090-11 Transportation Development Act Article 4.5 Funds
FY 2010-11
Local Jurisdictions OCTA Contribution
Anaheim $ 194,204
Brea $ 37,766
Buena Park $ 49,457
Costa Mesa $ 83,053
Garden Grove $ 183,225
Huntington Beach $ 164,622
Irvine $ 93,151
La Habra $ 52,413
Laguna Hills $ 34,226
Laguna Niguel $ 46,533
Laguna Woods $ 128,998
Lake Forest $ 45,677
Newport Beach $ 111,163
Placentia $ 38,104
Rancho Santa Margarita $ 14,403
San Clemente $ 50,698
Santa Ana $ 167,850
Seal Beach $ 69,114
Westminster $ 66,902
Yorba Linda $ 40,913
Total Current Participants) $ 1,672,472
25J-18
AGREEMENT NO. C-1-2486
Senior Mobility Program Monthly Reporting Form EXHIBIT C
Monthly Reporting E-Form
OCTA
Pr ram Information
Service for the Month/Years of:
Program Name:
City or Organization:
Contact Person:
Contact Number:
Details
Trip Category One-Way Vehicle Service Vehicle Service
Passenger Trip Hours Miles
Nutrition Trips:
Medical trips:
Shopping trips:
Other trips:
(Please specify trip type below")
Totals: 0 0 0
Summary
OCTA Monthly Contribution Amount:
City Monthly Contribution Amount:
Total Operation Cost for Month:
Source of City Contributions:
"Pleasespecify other trip es being provided to seniors in this s Race:
Please provide the requested information and submit the completed form to OCTA.
Attention, Jessica OeakynelCommunity Transportation Coordinator. by email to jdeakynecacta.net or by FAX to (714)560-5927.
-By the 16th day of the month following the reporting month-
Please contact Jessica Deakyne at (714) 560-5802 if you have any questions or require assistance with the completion of this form.
Comments:
TR-BO-086.doc (09118108) Page 1 of 1
25J-19
AGREEMENT NO. C-1-2486
EXHIBIT D
National Drug-Free
Workplace Alliance
DRUG-FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law, enacted November 1988, with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act, (raising the contractor amount from
$25,000 to $900,000), requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100,000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States. It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug-free workplace in compliance with the Drug-Free Workplace Act
of 1988. The Law further requires that all individual contractors and grant
recipients, regardless of dollar amount/value of the contract or grant, comply with
the Law.
Certification that this requirement is being met must be done in the following
manner:
By publishing a statement informing all covered employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement.
By providing ALL covered employees with a copy of the above-described
statement, including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract. For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds), and "indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program).
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Page 1 of 2
Revised: 0310312010
25J-20
AGREEMENT NO. C-1-2486
EXHIBIT D
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee, are not covered even if physical place of
employment is in the grantee's workplace.
By establishing a continuing, drug-free awareness program to inform employees
of the dangers of drug abuse; the company's drug-free workplace policy; the
penalties for drug abuse violations occurring in the workplace; the availability of
any drug counseling, rehabilitation, and/or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5) calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10) days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures, including
termination, for an employee convicted of a drug abuse violation in the
workplace. These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good-faith" effort to comply with all of the requirements
as set forth in the Drug-Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant, suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office, has not fulfilled the
requirements of the law, or has excessive drug violation convictions in the
workplace. Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug-free workplace. The contract or grant officer
may determine the number on a case-by-case basis. Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5)
years. Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug-free Workplace Act does not require employers to establish an
employee assistance program (EAP) or to implement drug testing as a part
of the program.
Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining
Act of 1994 (FASA).
Page 2 of 2
Revised: 0310312010
25J-21
25J-22
OCTA
BOARD OF DIRECTORS April 27, 2011
Patricia Bates
Chair
Paul G)aab
Vice Chair Ms. Pearl Raya
JerryAmante City of Santa Ana
Director 424 West Third Street
Don Bankhead Santa Ana, CA 92702
Director
Peter Buffa SUBJECT: AGREEMENT NO. C-1-2492
Director
Bill Campbell Dear Ms. Raya:
Director
Carolyn Cavecche
Director Enclosed is the original document for Agreement No. C-1-2492 for your review and
Larry Crandall signature.
Director
William J. Dalton Please execute the document in blue ink where indicated and return the signed
Director original to Pia Veesapen by June 10, 2011. The first page of the document will be
Don Hansen completed by the Authority upon final execution.
Director
Peter Herzog Should you have any questions, please contact Ms. Veesapen at (714) 560-5619.
Director
John Mooriach Sincerely'
Director
Shawn Nelson
Director
Janet Nguyen
Director
Miguel Pulido Cathy Forema
Director Office Specialist
Tom Tait Contracts Administration and Materials Management
Director
Greg Wnterbottom Enclosure
Director
Cindy Quon
Governor's
Ex-Officio Member
CHIEF EXECUTIVE OFFICE
Will Kempton
Chief Executive Officer
Orange County Transportation Authority
550 South Main Street/ PO. $;yc 1$(l-Qraage/California 92863-1584/(714) 560.OCTA (6282)
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COOPERATIVE AGREEMENT NO. C-1-2492
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
AND
VIETNAMESE COMMUNITY OF ORANGE COUNTY
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this day of ,
2011 by and between the Orange County Transportation Authority, a public corporation of the State of
California (hereinafter referred to as "AUTHORITY"), the City of Santa Ana (hereinafter referred to as
"CITY") and Vietnamese Community of Orange County (hereinafter referred to as "CONTRACTOR").
RECITALS
WHEREAS, AUTHORITY, CITY and CONTRACTOR are desirous of obtaining transportation
services for seniors receiving services through CONTRACTOR; and
WHEREAS, AUTHORITY, CITY and CONTRACTOR agree to enter into the Senior Mobility
Program (SMP) concerning senior transportation services; and
WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY,
CITY, and CONTRACTOR in executing the Senior Mobility Program for senior transportation; and
WHEREAS, AUTHORITY's Board of Directors approved this Agreement on February 14, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, CITY and
CONTRACTOR as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and
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AGREEMENT NO. C-1-2492
1 condition(s) of the agreement between AUTHORITY, CITY and CONTRACTOR and it supersedes all
2 prior representations, understandings and communications. The invalidity in whole or in part of any
3 term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).
4 B. AUTHORITY's failure to insist in any one or more instances upon CITY's or
5 CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed
6 as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of
7 such term(s) or condition(s) and CITY's and/or CONTRACTOR's obligation in respect thereto shall
8 continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon
9 AUTHORITY except when specifically confirmed in writing by an authorized representative of
10 AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the
11 provisions of this Agreement.
12 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
13 A. AUTHORITY agrees to provide funds in the initial year in the amount specified in the
14 attached Exhibit B, "Projected Funding Level," in accordance with Article 5 ("Term of Agreement"), for
15 the Senior Mobility Program using funds obtained from Article 4.5 of the State of California
16 Transportation Development Act. Funding levels are determined annually and are calculated using
17 the annual percentage change of AUTHORITY's budget for Transportation Development Act sales tax
18 revenues.
19 B. AUTHORITY will pay to CITY the AUTHORITY's annual contribution for the first fiscal
20 year within thirty (30) days of receipt of a request to draw down Senior Mobility Program funds or the
21 start of service, whichever is later. Subsequent annual contributions will be paid to CITY by August 31St
22 of the following year.
23 C. All unused or unmatched AUTHORITY funds shall be deducted from the following fiscal
24 year allocations.
25 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
26 paratransit vehicle, at no cost to CONTRACTOR and no further responsibility to AUTHORITY after
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L:\Camm1CLERICAL\WORDPROC\AGREE\AG12492.dmx25J-25
AGREEMENT NO. C-1-2492
1 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost to
2 CITY of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
3 ARTICLE 3. RESPONSIBILITIES OF CONTRACTOR
4 A. CONTRACTOR agrees that all funds received through CITY as specified in Article 2A
5 above will be used exclusively for providing accessible senior transportation services that do not
6 duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work."
7 B. CONTRACTOR agrees to match twenty percent (20%) of the total SMP allocation.
8 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions.
9 C. CONTRACTOR may contract with a third party service provider to provide senior
10 transportation services provided that:
11 1. Contractor is selected using a competitive procurement process; and
12 2. Wheelchair accessible vehicles are available and used when requested.
13 D. CONTRACTOR agrees to provide AUTHORITY with monthly summary reports of
14 CONTRACTOR's Senior Mobility Program. CONTRACTOR shall submit a monthly summary report
15 within fifteen (15) calendar days as specified in Exhibit C, "Senior Mobility Program Monthly Reporting
16 Form," included in this Agreement, which is incorporated into and made part of this Agreement.
17 E. CONTRACTOR shall procure and maintain primary insurance coverage during the entire
18 tern of this Agreement. Coverage shall be full coverage or subject to self-insurance provisions with
19 approval by AUTHORITY. CONTRACTOR shall provide the following insurance coverage:
20 1. Commercial General Liability, to include Products/Completed Operations,
21 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of
22 $1,000,000 of coverage.
23 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits;
24 for Bodily Injury and Property Damage;
25 3. Workers' Compensation with limits as required by the State of California;
26 4. Employers' Liability with limits of a minimum of $100,000; and
Page 3 of 8
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AGREEMENT NO. C-1-2492
1 5. Proof of such coverage, in the form of an insurance company issued policy
2 endorsement and a broker issued insurance certificate, must be received by AUTHORITY prior to
3 commencement of any work. Proof of insurance coverage must be received by AUTHORITY and CITY
4 within seven (7) calendar days from the date of execution of the Agreement. AUTHORITY and CITY
5 must be named as an additional insured on the certificate and endorsement. CONTRACTOR shall
6 include on the face of the Certificate of Insurance the Agreement Number C-1-2492; and the Senior
7 Contract Administrator's Name, Pia Veesapen.
8 F. In the event CONTRACTOR obtains a retired AUTHORITY vehicle for Senior Mobility
9 Program services, CONTRACTOR agrees to transfer vehicle title and registration within fourteen
10 (14) days from taking possession of the vehicle. CONTRACTOR also agrees to provide
11 documentation to AUTHORITY confirming transfer of vehicle title and registration from AUTHORITY
12 to CONTRACTOR within thirty (30) days from taking possession of the vehicle.
13 ARTICLE 4. RESPONSIBILITIES OF CITY
14 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
15 above, will be transferred to CONTRACTOR to provide accessible senior transportation services
16 that do not duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work."
17 B. CITY agrees that all funds which AUTHORITY provides will be transferred to
18 CONTRACTOR within 30 days of receipt.
19 C. CITY shall have no obligation to provide funding to CONTRACTOR if AUTHORITY
20 reduces or eliminates funding of the Senior Mobility Program.
21 D. CITY shall have no obligation or responsibility to provide oversight of the
22 transportation program operated by CONTRACTOR and its subcontractors as specified in this
23 Agreement.
24 ARTICLES. TERM OF AGREEMENT
25 This Agreement shall commence July 1, 2011, and shall continue in full force and effect and
26 shall extend through June 30, 2016, unless earlier terminated as provided in this agreement.
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AGREEMENT NO. C-1-2492
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ARTICLE 6. NOTICES
All Notices pertaining to this Agreement and any communications from the parties may be
made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered
or certified mail, return receipt requested, postage prepaid and addressed as follows:
TO CITY: TO AUTHORITY:
City of Santa Ana
424 West Third Street
Santa Ana, California 92702
ATTENTION: Pearl Raya
(714) 571 - 4230
TO CONTRACTOR:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, California 92863-1584
ATTENTION: Pia Veesapen
(714) 560-5619
Vietnamese Community of Orange County
1618 West First Street
Santa Ana, California 92703
ATTENTION: Christopher Nguyen
(714) 640-3417
ARTICLE 7. FEDERAL. STATE AND LOCAL LAWS
AUTHORITY, CONTRACTOR and CITY agree that in performance of their obligations under
this Agreement, they shall comply with all applicable federal, California State and local laws, statutes
and ordinances and all lawful orders, rules and regulations promulgated thereunder.
ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
CITY and CONTRACTOR shall provide AUTHORITY, or other agents of AUTHORITY, such
access to accounting books, records, payroll documents and facilities, as AUTHORITY deems
necessary. CITY and CONTRACTOR shall maintain such books, records, data and documents in
accordance with generally accepted accounting principles and shall clearly identify and make such
Page 5 of 8
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AGREEMENT NO. C-1-2492
1 items readily accessible to such parties during CITY's and CONTRACTOR's performance hereunder
2 and for a period of four (4) years. AUTHORITY's right to audit books and records directly related to this
3 Agreement shall also extend to all first-tier subcontractors.
4 ARTICLE 9. TERMINATION
5 A. AUTHORITY, CITY or CONTRACTOR may, for its own convenience, terminate this
6 Agreement at any time in whole or in part by giving the other parties written notice thereof of not less
7 than ninety (90) days in advance of the specified date of termination.
8 B. If Agreement is terminated prior to July 1" of any year within the term, CITY and/or
9 CONTRACTOR shall return funds received to AUTHORITY on a prorated basis for that annual
10 allocation.
11 ARTICLE 10. INDEMNIFICATION
12 A. CONTRACTOR shall indemnify, defend and hold harmless AUTHORITY and CITY,
13 their officers, directors, employees and agents from and against any and all claims (including
14 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily
15 injuries, including death, damage to or loss of use of property caused by the negligent acts,
16 omissions, or willful misconduct by CONTRACTOR, their officers, directors, employees, agents,
17 subcontractors or suppliers in connection with or arising out of the performance of this Cooperative
18 Agreement.
19 B. CITY shall indemnify, defend and hold harmless AUTHORITY, their officers, directors,
20 employees and agents from and against any and all claims (including attorney's fees and
21 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
22 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
23 misconduct by CITY, their officers, directors, employees, agents, subcontractors or suppliers in
24 connection with or arising out of the performance of this Cooperative Agreement.
25 ARTICLE 11. ALCOHOL AND DRUG POLICY
26 A. CITY and CONTRACTOR agree to establish and implement an alcohol and drug
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AGREEMENT NO. C-1-2492
1 program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which
2 is attached to this Agreement as Exhibit D. CITY and CONTRACTOR agree to produce any
3 documentation necessary to establish its compliance with sections 701-707.
4 B. Failure to comply with this Article may result in nonpayment or termination of this
5 Agreement.
6 ARTICLE 12. CONFLICT OF INTEREST
7 CITY and CONTRACTOR agree to avoid organizational conflicts of interest. An
8 organizational conflict of interest means that due to other activities, relationships or contracts, CITY
9 and/or CONTRACTOR is unable, or potentially unable to render impartial assistance or advice to
10 AUTHORITY; CITY's and/or CONTRACTOR's objectivity in performing the work identified in the
11 Scope of Work is or might be otherwise impaired; or CITY and/or CONTRACTOR has an unfair
12 competitive advantage. CITY and/or CONTRACTOR is obligated to fully disclose to AUTHORITY in
13 writing Conflict of Interest issues as soon as they are known to CITY and/or CONTRACTOR. All
14 disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein.
15 This disclosure requirement is for the entire term of this Agreement.
16 ARTICLE 13. CODE OF CONDUCT
17 All parties agree to comply with AUTHORITY's Code of Conduct as it relates to Third-Party
18 contracts, which is hereby referenced and by this reference is incorporated herein. All parties agree
19 to include these requirements in all of its subcontracts
20 ARTICLE 14. FORCE MAJEURE
21 Either party shall be excused from performing its obligations under this Agreement during the
22 time and extent that it is prevented from performing by a cause beyond its control, including, but not
23 limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
24 facilities by the federal state or local government; national fuel shortage; or a material act of
25 omission by the other party; when satisfactory evidence of such cause is presented to the other
26 party, and provided further that such nonperformance is unforeseeable, beyond the control and is
Page 7 of 8
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AGREEMENT NO. C-1-2492
not due to the fault or negligence of the party not performing.
Upon execution by all parties, this Cooperative Agreement shall be made effective on July 1,
2011.
IN WITNESS THEREOF, the parties hereto have caused this Agreement No. C-1-2492 to be
executed on the date first written above.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
David Ream Will Kempton
City Manager Chief Executive Officer
VIETNAMESE COUMMUNITY OF
ORANGE COUNTY
By
Tricia Nguyen
Chief Executive Officer
APPROVED AS TO FORM:
By o
Ken rd R. Smart, Jr.
General Counsel
APPROVED:
By
eth McCormi
General Manager, Transit -
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AGREEMENT NO. C-1-2492
EXHIBIT A
SCOPE OF WORK
Senior Mobility Program
Vietnamese Community of Orange County
1. The Vietnamese Community of Orange County (VNCOC) shall utilize funding
provided by OCTA and its local match to provide the following services to the
senior members of the Asian Senior Center of the VNCOC:
• Type of Service(s): Transportation for seniors to nutrition site, the Asian
Senior Center, and to supermarkets, medical and dental offices and
pharmacies when there is a need during business hours.
• Service Level: 40 hours/week, door-to-door service.
• Who is served: VNCOC senior members of 60 years old and over.
• Days/Hours of Service: Monday - Friday, 7:00 a.m. - 4:00 p.m.
• Area of Service: Orange County, emphasized in the cities with a high number
of VNCOC senior members.
2. VNCOC shall follow competitive procurement practices in selection of vendors for
all services which it does not provide using its own workforce. Any Request for
Proposals (RFP) for services shall specify the use of vehicles meeting Americans
with Disabilities Act (ADA) accessibility standards.
3. VNCOC wishes to utilize retirement eligible OCTA ACCESS vehicles for the
provision of SMP service. VNCOC is aware that additional vehicles may be
purchased from OCTA at a cost of $5,000 per vehicle. The cost shall be
deducted from the fiscal year allocation. VNCOC must register the vehicle and
maintain title for at least one year after transfer of title from OCTA.
4. VNCOC shall perform, or ensure that a contracted vendor performs,
maintenance of all vehicles used in the Senior Mobility program, including, at a
minimum:
• Daily Pre-Trip Inspections that meets or exceeds the guidelines provided in
the attached Pre-Operation Inspection & Defect Report (Attachment 1).
• Scheduled preventive maintenance that meets or exceeds the guidelines
provided in the attached Senior Mobility P.M. Checklist, including the
maintenance of all accessibility features of the vehicles (Attachment 2).
VNCOC shall maintain maintenance records for each vehicle for 5 years and
shall cooperate fully in annual Motor coach carrier terminal inspections
conducted by the California Highway Patrol.
5. VNCOC shall ensure that its operators, or its contracted vendor's operators, are
properly licensed and trained to proficiency to perform their duties safely, and in
25J-32
AGREEMENT NO. C-1-2492
EXHIBIT A
a manner which treats its riders with respect and dignity. Disability awareness
and passenger assistance shall be included in this training.
6. VNCOC shall submit a monthly report to OCTA's Community Transportation
Services which includes, at a minimum, a monthly and fiscal year-to-date
summary of service and expenditures.
7. VNCOC shall participate in OCTA marketing and outreach efforts to encourage
use of fixed-route transit service by older adults.
8. VNCOC shall note OCTA sponsorship in any promotional material for service
funded under this agreement and shall display the OCTA Senior Wheels program
logo on vehicles use in this program (excluding taxis).
9. VNCOC shall ensure that it maintains adequate oversight and control over all
aspects of service that are provided by a contracted vendor.
2
25J-33
Attachment 1
Pre- Operation Inspection & Defect Report
Bus:'Van No. Date:
Federal Regulations state that no motor vehicle carrying passengers for hire
shat be dnven unless the driver has determined that the /plowing parts and
accessories are in good working order. Each driver is required to sutirt a
signed written report daay for each coach driven.
fst Driver:
Miles Finsh: Miles Start.
No Defects. O Defects: 0 Signature:
2nd Driver:
Miles Finish' PAles Start:
No Defects. O Defects: C Signature:
Miles Elapsed.
Miles Elapsed:
3rd Dever
Miles Finish: Miles Start:
No Defects. O Deleets: 0 Signature.
Miles Elapsed
PREOPERATIONS INSPECTIONS
indreare with art (x) that each item has been checked:
AM/PM AMlPM
_ Tires/Lug Nuts (wheels d rims) Emergency Reflectors
Motor-Guard Turn Signal SvAch/Hom
_!_ Air System
-
- First Aid KA
Lights/Ref actors 1
- Radio
Wheelchair Lifts / 0mves SeaUBelt
Wheelchair Lift Cover _/_ Door Interlock
-1- Mirrors / W/C Tie Down Straps
windshield Wipe rsMashers -I-
- Manuel Lin Bar
Fire Extinguisher Conduct Walk Around
Steering Mechanism Parkir4Brakes/Servtce
Brakes
DEFECTS: Indcate with an (x) defective items or#: (Explain in Detalo
law? RETARQER ENGINE
_ Brake Fluid Leaks _ Light On: _ Hot Engine/Water Leaks
_ Soft/Kard Brakes Not Appled - Low 011100 Leaks
_ Pug to L/R _ Light On _ Starts Hard
_ Dragging Brakes Appled. _ No Power/Eng, Ck. Light
_ Smoking Bus Stopped _ Smokes
Emergency Brake _ Light Not On: _ idles Rough/Vibration
_ Other - expian Brakes Appied. _ Exhaust, Vacuum Leaks
nRES/WNEELS Bus Moving _ Fuel Leaks/LPG/Gas
_ Flat ArC s 14CA C - Other-expief1
_ Embedded Object _ Oft _TRAN£? UISrON
_ Cut _ Too Cold/Ho( _ Won't Go Into Gear
_ Smooth/Cord _ Defroster Defect _ SlipsrGrinds/Lurches
_ LF RF W1 RRO LRI LRO _ Ventilation (Bklwers) _ Excesaw Norse
_ Loose Missing Lugs _ Fumes _ Leaks
_ Other - explain - Other- elan _ Onve Lune Vibration
L l atmMyC 2rtT poORSr _ Rear End Noise
_ Interior )a4N_DO STEERING
_ Exterior - Slow _ Hard/Birds
_ Location lrq-ative _ Shimmy
_ leaks Air _ Excessive Play
VEHICLE CLFANCINESS - Excessive Play Other . vow
inlerOr ?w - wow
- Exte-nor Emergency Releases _ Generatoostaner
Floor WHEELCHAIR FT _ Turn SignatsrFiasfws
_ Windows Will Not Fold Out Horn
Seal Condition Will Not Lower/Ratse Fare Bok
:rpiatn: No ReWaint D-rA.ip _ Instruments/Gauges
Lift Will Not Fold Into _ Fuel. Oct. Arnp Meter
Bus
_ Seats _ Handrails _ Modesty Panels
l3UUY UAMAUt:
Circle and describe any damage to a bus on d+agram
of fronUrear and two sloe views
O Description
0
L100 Pq Description
it= Description
Description
OPERATOR(S):
IMPORTANT! Help expedite repairs by providing necessary
information regarding defects' Please print
REPAIRS MADE:
ALL ITEMS COMPLETED - BUS SERVICED ANO RELEASED:
Supervisor's Signature Date
25J-34
Attachment 2
Senior Mobility P.M. Check List
1 Check for visible leakage
2 Engine oil level
3 Transmission fluid level and condition
4 Brake fluid
5 Power steering fluld
6 Check all belts
7 Component and accessory mounting
8 Check all hoses and routing
9 Coolant level and protection c1f ph
10 Pressure test cooling system
11 Water pump and fan clutch play
12 Air filter condition - check restriction gauge
13 Check exhaust system
14 Battery fluid level and mounting
15 Clean battery and connections
16 Drain fuel/water separator
Date Bus# TERMINAL workorder# Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between
B. Check files and open workorders
C. Interior E. Under hood Y
1 Entry door operation and seals
2 Temperature and oil warning devices
3 Neutral safety system
4 Horn, gauges and dash lights
5 Heater, defroster and fan
6 Windshield wipers and washer
7 Indicator lights
8 Throttle operation
9 Steering free play In.
10 Applied and unapplied brake test for vacum loss
11 Interior lights
12 Windshield and window glass condition
13 Window mechanism and seals
14 Seat condition
15 Interior body, floor and stantions
16 Fire extinguisher date and bracket
17 Road warning devices
18 First aid kits
19 Emergency exits operation, warning devices and signs
20 Interior clean
21 Back up alarm
D. Exterior
1 All exterior lights and signals
2 Mirror condition and mounting
3 Record body damage
4 Bumper bolts
5 Paint lettering and appearance
6 Emergency exits
7 Axle flange and lug nuts, oil hubs
8 Tire side wall condition, cracked wheels, valve stem
Valve stem cap, alignment of rear duels
9 Tread depth
LF RF LRO
LRI RRO RRI
10 Tire inflation: Record and inflate
LF RF LRO
LRI RRO RRI
F, Under Bus
Inspection
a
e
1 Kingpin and wheel bearing play
2 Tire wear, condition and matching
3 Leakage at backing plates and wheel seals
4 Steering box, mounting, leakage, looseness and leaks
5 Front shocks and mounting
6 Front springs, bushings
7 Engine leaks, lines, filters, hoses and engine mounts
8 Starter and connections
9 Exhaust system and mounting
10 Transmission mounted parking brake
11 Transmission teaks
12 Output shaft play
13 Driveshafl guard, U joints and retarder
14 Body hold downs and insulators
15 Wiring along frame
16 Differential leaks, fluid level
17 Pinion play
18 Breather vent
19 Rear shocks and mounting
20 Rear springs, bushings and U bolts
21 Leakage at backing plates and wheel seals
22 Fuel tank straps and lines
23 Tail pipe hangers
24 Lube entire chassis
25 Check drag link, tie rods and idler arms
Y
25J-35
Attachment 2
Senior Mobility P.M. Check List
D. Brakes Y v
1 Visible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
4 Hydraulic lines
Remove wheels and check the following Items
5 Pads and rotors
6 Check pins and caliber's 4fl
H. Roadtest
1. Note repairs needed
D. Lift Inspection
Inspection
9
Y CL
1 Check lift for proper operations
2 Inspect for stress, cracks, mounting and alignment
3 Check pins
4 Check the complete hydraulic system
5 Check micro switches and electrical wiring
6 Check all system covers and warning signs
7 Check safety barrier
8 Lube complete lift
9 Check wheelchair securements, proper amount and operation
10 Lift door warning device
11 Lift cover in place
Signature of Inspecting Mechanic
6,000 miles- inspectionloil change
30,000 Transmission service
60,000 Differential service
Signature of Supervisor
25J-36
AGREEMENT NO. C-1-2492
EXHIBIT B
M Projected Funding Level
OCTA FY 12 - FY 16 Transportation Development Act Article 4.5 Funds
Vietnamese Community
of Orange County $ 71,848 $ 76,298 $ 80,329 $ 84,092 $ 87,771
Sales Tax Growth Rate 6.54% .6.19% 5.28% 4.68% 4.37%
Annual allocations are based on projected TDA funding and subject to change based on
annual percentage change of Authority's budget for TDA sales tax revenues.
25J-37
AGREEMENT NO. C-1-2492
Senior Mobility Program Monthly Reporting Form EXHIBIT C
Monthly Reporting E-Form
OCTA
Service for the MonthfYears of:
Program Name:
City or Organization:
Contact Person:
Contact Number:
1 Trip Category II One-Way II Vehicle Service (! Vehicle Service
Passenger Trip Hours f Miles
Nutrition Trips:
Medical trips:
Shopping trips:
Other trips:
(Please specify trip type below'")
Totals: 0 0 0
s
umma
7--,777777
OCTA Monthly Contribution Amount:
City Monthly Contribution Amount:
Total Operation Cost for Month:
Source of City Contributions:
"Pleases eci other trip types being provided to seniors in this space;
Please provide the requested information and submit the completed form to OCTA.
Attention: Jessica DeakynelCommunityTransportation Coordinator, by email to jdeekynenocta.net or by FAX to (714)560-5927.
-By the pith day of the month following the reporting month"'
Please contact Jessica Deakyne at (714) 560-5802 if you have any questions or require assistance with the completion of this form.
Comments:
TR-BO-086 doc (0911MB) Page 1 of 1
25J-38
AGREEMENT NO. C-1-2492
EXHIBIT D
A&-.
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 $900,000), requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100,000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States. It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug-free workplace in compliance with the Drug-Free Workplace Act
of 1988. The Law further requires that all individual contractors and grant
recipients, regardless of dollar amount/value of the contract or grant, comply with
the Law.
Certification that this requirement is being met must be done in the following
manner:
By publishing a statement informing all covered employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement.
By providing ALL covered employees with a copy of the above-described
statement, including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract. For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds), and "indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program).
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Page 1 of 2
Revised: 0310312010
25J-39
AGREEMENT NO. C-1-2492
EXHIBIT D
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee, are not covered even if physical place of
employment is in the grantee's workplace.
By establishing a continuing, drug-free awareness program to inform employees
of the dangers of drug abuse; the company's drug-free workplace policy; the
penalties for drug abuse violations occurring in the workplace; the availability of
any drug counseling, rehabilitation, and/or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5) calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10) days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures, including
termination, for an employee convicted of a drug abuse violation in the
workplace. These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good-faith" effort to comply with all of the requirements
as set forth in the Drug-Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant, suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office, has not fulfilled the
requirements of the law, or has excessive drug violation convictions in the
workplace. Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug-free workplace. The contract or grant officer
may determine the number on a case-by-case basis. Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5)
years. Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug-free Workplace Act does not require employers to establish an
employee assistance program (EAP) or to implement drug testing as a part
of the program.
Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining
Act of 1994 (FASA).
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Revised: 0310312010
25J-40