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HomeMy WebLinkAboutORANGE COUNTY TRANPSPORTATION AUTHORITY (OCTA) - 2011. t=N/..1 r-m,%?\n A-2011-140 scoplf 1 2 3 4 5 6 7 '8 O 9 C?10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ((yy L _ THIS AGREEMENT is made and entered into this 1 1 day of TU 0 A?!- , 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 Page 1 of 8 L.\Camm\CLERICAL\WORDPROC WGREE\AG12492.doc 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 31't 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 Page 2 of 8 Lt\Camm\CLERICAL\wORDPROC\AGREE\AGI2492. docx 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 term 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 L\Camm\C LERICAL\W ORDPROC W GREE\AG 12492. doac AGREEMENT NO. C-1-2492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker issued insurance certificate, must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received by AUTHORITY and CITY within seven (7) calendar days from the date of execution of the Agreement. AUTHORITY and CITY must be named as an additional insured on the certificate and endorsement. CONTRACTOR shall include on the face of the Certificate of Insurance the Agreement Number C-1-2492; and the Senior Contract Administrator's Name, Pia Veesapen. F. In the event CONTRACTOR obtains a retired AUTHORITY vehicle for Senior Mobility Program services, CONTRACTOR agrees to transfer vehicle title and registration within fourteen (14) days from taking possession of the vehicle. CONTRACTOR also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title and registration from AUTHORITY to CONTRACTOR within thirty (30) days from taking possession of the vehicle. ARTICLE 4. RESPONSIBILITIES OF CITY A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above, will be transferred to CONTRACTOR to provide accessible senior transportation services that do not duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work." B. CITY agrees that all funds which AUTHORITY provides will be transferred to CONTRACTOR within 30 days of receipt. C. CITY shall have no obligation to provide funding to CONTRACTOR if AUTHORITY reduces or eliminates funding of the Senior Mobility Program. D. CITY shall have no obligation or responsibility to provide oversight of the transportation program operated by CONTRACTOR and its subcontractors as specified in this Agreement. ARTICLES. TERM OF AGREEMENT This Agreement shall commence July 1, 2011, and shall continue in full force and effect and shall extend through June 30, 2016, unless earlier terminated as provided in this agreement. Page 4 of 8 L\Camm\CLERICAL\WOROPROC?AGREEIAG 12492.docx AGREEMENT NO. C-1-2492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Orange County Transportation Authority 424 West Third Street 550 S. Main Street P.O. Box 14184 Santa Ana, California 92702 Orange, California 92863-1584 ATTENTION: Pearl Raya ATTENTION: Pia Veesapen (714) 571 - 4230 (714) 560-5619 TO CONTRACTOR: 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 L:\C amm\C LE RI CAL\W ORDPROC\AGREE\AG12492.doox 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 151 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 Page 6 of 8 L;\C amm\C LERICALIW OROPROCW GREEIAG12492. docx 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 L:\C amm\C LERICAL\W OROPROCWGREE W G 12492.docx AGREEMENT NO. C-1-2492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 TA AN / By (I/?} David Ream City Manager ORANGE COUNTY TRANSPORTATION AUTHORITY By Will Kempton Chief Executive Officer VIETNAMESE COUMMUNITY OF ORANGE COUNTY By Tricia Nguyen Chief Executive Officer ATTEST: ?I/I J'ILX'0/X/ 'y tVIARIA D. HUIZAR CLERK OF THE C CIL svit tii?z?dy APPROVED AS TO FORM:: By (FO Ken and R. Smart, Jr. General Counsel APPROVED: 4 By 'Beth McCo-rmic'k General Manager, Transit Page 8 of 8 L:\C amm\C LER ICAL\W ORD PROC\AGREEW GI 2492.doo EXHIBIT A 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 1 EXHIBIT A 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 Pre- Operation Inspection & Defect Report Attachment 1 Pre- Operation Inspection & Defect Report Bus'Van No Federal Regu/atoms state that no motor veN'c/e carrying passengers for Nre shah be driven unless the driver has determined that Me following parrs and accessories are in good wodong order Each driver is required to submit a signed written report daily for each coach driven. Tst Driver: Mike Finish, Miles Start. No Defeclst ? 2nd Driver. _ Miles Finisn: _ No Defects ? 3rd Driver Mites Elapsed. Defects: ? Signature. Mlles Start: Miles Elapsed: Defects: ? Signature. Date: Miles Finish: Miles Start ' No Defects ? Defects: ? Signature MtIes Elapsed' PREOPERATIONS INSPECTIONS Ind+cate with an (x) that each kem has been checked' AWPM AWPM J_ TireVLug Nuts (wheels & rims) _f_ Emergency Reflectors Motor-Guard Turn Signal Svntch/HWl Air System First Ad Kit LighIVReflectom _/_ Radio Wheelchair Lifts Driver's Sut[Bell Vineeknaa Lilt Carer Door Interlock M.nors W/C Tie Down Straps Windshle!d 'i6riperSWashers Manual Litt Bar Fee Extinguisher Conduct Walk Around Steering Mechanism _y_ Parking/Brakes'Sernce Brakes DEFECTS. indcafe wiM an (x) detective items only (Explain in Detalq ygA E _ Brake FWd Leaks _ Sot Hard _ Pull to L'R _ Draggmg _ Stroking _ Emergency Brake _ Other - ei r4w TIRESAYHEa _ Flat _ Embe7dea Object _ Cd _ Smootn)CoM _ J RF Rk! R.40 Let L'n0 _ Loose M,ssing Lugs _ Cdx+- expcrn JG 3 _ Interior _ Extencr _ i ooaoon' ahr)CLE CLEANLINESS nleror _^ Ex.erar Ficor W ?ndaws _ Seal Contla.on 'xPtm[ RETARDER ENGINE _ Light On _ Hot Engire?Water Leaks Brakes Nor Applied _ Lim, ONO) Leaks - Light On _ Starts Hard Brakes Applied. _ No Pover/Erg. Gk. Light Bus Stopped Smokes - Light Not On: Idles Rough/Vibration Brakes Applied, Exhaust, Vawum Leaks Bus Moving _ Fuel Leaks(LPG/Gas Other AC a HEATINO Off _ Too CoINHol _ Defroster Defect _ Ven ilation (Blowers) _ Fumes _ Other- eplan ENIRANCE-/EXIT DOORS/ WINDOWS _ Slow _ Inoperative _ Leaks Air _ Excessive Play ONer - explain Emergency Releases W+/FEL CHAIR tj _ Will Nor Fad Cut _ WIII Not Lower/Raise _ No Restraint DovavLp _ LA Will Not Fdd Into Bus __ .explain TRANSMISSION _ WWI Go Into Gear _ Sips/GrIMS'Lurches _ Excessve Norse _ Leaks _ Drive Lim Vibration Rear End Noise STEERING _ HarWBirds _ Shimmy _ Excessive Play _ Other -eq:mn ELECTRICAL EIXAPMENT _ Generaeor.'Staner Turn Signals/Rashers Horn _ Fare so. _ Instrumenls'Gauges _ Fuel, Dil, Amp Meier b D;o _ Seats _ Handods -_ Modesty Panels -111 VHMNVC: tIVUY UAMAtSt: Circle and describe any damage to a bus on d agar of fronUrear and M>o side views Q Description. O O Description' 4E95 Description DescnpGon 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 Data Senior Mobilitv P.M. Check List Attachment 2 Inspection Senior Mohility P M Chcr/r I ie4 Date Bus# TERMINAL workorder# v Current Mileage Last inspection miles A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between IU? 111=J anu upon workoraers C. Interior E, Underhood 1 Entrydoor operation and seals 2 Temperature and ail 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 If All exterior li d signals sgnals 2 Mirror conditmounting 3 Record body e 4 Bumper bolt 5 Paint letterinppearance 6 Emergency 7 Axle flange anuts, oil hubs 8 Tire side walon, cracked wheels, valve stem M Valve stem cnment of rear duels 9 Tread depth LF LRO LRI RRI 10 Tire inflation: and inflate LF LRO LRI RRI 1 Ch eck 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 c/f 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 F. Under Bus 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 leaks 12 Output shaft play 13 Driveshaft 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 Q,aninr Mnhilitfv D AA /hnnlr I ict Attachment 2 Inspection Senior Mobility P.M. Check List v 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 H. Roadtest 1. Note repairs needed D. Lift Inspection 0 Y pdj 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 6 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 Signature of Supervisor 6,000 miles- inspection/oil change 30,000 Transmission service 60,000 Differential service AGREEMENT NO. C-1-2492 EXHIBIT B m Projected Funding Level 400C-"TA FY 12 - FY 16 Transportation Development Act Article 4.5 Funds 2015 2016 Community Center 2012 2013 2014 Allocation Projection Projection Projection Projection Vietnamese Community of Orange County $ 71,848 $ 76,298 $ 80,329 $ 84,092 $ 87,771 6.54% 6.19% 5.28% 4.68% 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. vim kAnnthly Rannrfinn F_Fnrm AGREEMENT NO. C-1-2492 FA Senior Mobility Program Monthly Reporting Form EXHIBIT C Monthly Reporting E-Form OCTA Program Information' Service for the Month,Years of: D Program Name: City or Organization: Contact Person: Contact Number: Details Trip Category One-Way Vehicle Service Vehicle Service 11 Passenger Trip Hours Miles Nutrition Trips: Medical trips: Shopping trips: Other trips: (Please specify trip type below") Totals: 0 011 0 Summary OCTA Monthly Contribution Amount: 11 City Monthly Contribution Amount: 11 Total Operation Cost for Month: Source of City Contributions: `"Please specify other trip types being provided to seniors in this space: Please provide 0e requested information and submlt the Completed form to OCTA. Allentlon: Jessica Deakyne/Community Transportation Coordinator, by email to yleakyne§oda.net or by FAX to (714)560-5927. "'By the 15th day of the month following the reporting month"' Please contact Jessica Deakyne at (714) 560-5802 if you have any questions or require assistance with the completion of this form, TR-80-086. Coc (09119/08) Page 1 of 1 EXHIBIT D AGREEMENT NO. C-1-2492 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 $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above-described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised: 03/03/2010 EXHIBIT D 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 Ad of 1994 (FASA). Page 2 of 2 Revised. 03/03/2010