HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY - 2011,
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A-2011-140
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 ?=f 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
condition(s) of the agreement between AUTHORITY, CITY and CONTRACTOR and it supersedes all
prior representations, understandings and communications. The invalidity in whole or in part of any
term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).
B. AUTHORITY's failure to insist in any one or more instances upon CITY's or
CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed
as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of
such term(s) or condition(s) and CITY's and/or CONTRACTOR's obligation in respect thereto shall
continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon
AUTHORITY except when specifically confirmed in writing by an authorized representative of
AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the
provisions of this Agreement.
ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
A. AUTHORITY agrees to provide funds in the initial year in the amount specified in the
attached Exhibit B, "Projected Funding Level," in accordance with Article 5 ("Term of Agreement"), for
the Senior Mobility Program using funds obtained from Article 4.5 of the State of California
Transportation Development Act. Funding levels are determined annually and are calculated using
the annual percentage change of AUTHORITY's budget for Transportation Development Act sales tax
revenues.
B. AUTHORITY will pay to CITY the AUTHORITY's annual contribution for the first fiscal
year within thirty (30) days of receipt of a request to draw down Senior Mobility Program funds or the
start of service, whichever is later. Subsequent annual contributions will be paid to CITY by August 31St
of the following year.
C. All unused or unmatched AUTHORITY funds shall be deducted from the following fiscal
year allocations.
D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
paratransit vehicle, at no cost to CONTRACTOR and no further responsibility to AUTHORITY after
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AGREEMENT NO. C-1-2492
donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost to
CITY of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
ARTICLE 3. RESPONSIBILITIES OF CONTRACTOR
A. CONTRACTOR agrees that all funds received through CITY as specified in Article 2A
above will be used exclusively for providing accessible senior transportation services that do not
duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work."
B. CONTRACTOR agrees to match twenty percent (20%) of the total SMP allocation.
Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions.
C. CONTRACTOR may contract with a third party service provider to provide senior
transportation services provided that:
1. Contractor is selected using a competitive procurement process; and
2. Wheelchair accessible vehicles are available and used when requested.
D. CONTRACTOR agrees to provide AUTHORITY with monthly summary reports of
CONTRACTOR's Senior Mobility Program. CONTRACTOR shall submit a monthly summary report
within fifteen (15) calendar days as specified in Exhibit C, "Senior Mobility Program Monthly Reporting
Form," included in this Agreement, which is incorporated into and made part of this Agreement.
E. CONTRACTOR shall procure and maintain primary insurance coverage during the entire
term of this Agreement. Coverage shall be full coverage or subject to self-insurance provisions with
approval by AUTHORITY. CONTRACTOR shall provide the following insurance coverage:
1. Commercial General Liability, to include Products/Completed Operations,
Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of
$1,000,000 of coverage.
2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits;
for Bodily Injury and Property Damage;
3. Workers' Compensation with limits as required by the State of California;
4. Employers' Liability with limits of a minimum of $100,000; and
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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
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
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AGREEMENT NO. C-1-2492
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items readily accessible to such parties during CITY's and CONTRACTOR's performance hereunder
and for a period of four (4) years. AUTHORITY's right to audit books and records directly related to this
Agreement shall also extend to all first-tier subcontractors.
ARTICLE 9. TERMINATION
A. AUTHORITY, CITY or CONTRACTOR may, for its own convenience, terminate this
Agreement at any time in whole or in part by giving the other parties written notice thereof of not less
than ninety (90) days in advance of the specified date of termination.
B. If Agreement is terminated prior to July 1 st of any year within the term, CITY and/or
CONTRACTOR shall return funds received to AUTHORITY on a prorated basis for that annual
allocation.
ARTICLE 10. INDEMNIFICATION
A. CONTRACTOR shall indemnify, defend and hold harmless AUTHORITY and CITY,
their officers, directors, employees and agents from and against any and all claims (including
attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily
injuries, including death, damage to or loss of use of property caused by the negligent acts,
omissions, or willful misconduct by CONTRACTOR, their officers, directors, employees, agents,
subcontractors or suppliers in connection with or arising out of the performance of this Cooperative
Agreement.
B. CITY shall indemnify, defend and hold harmless AUTHORITY, their officers, directors,
employees and agents from and against any and all claims (including attorney's fees and
reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
misconduct by CITY, their officers, directors, employees, agents, subcontractors or suppliers in
connection with or arising out of the performance of this Cooperative Agreement.
ARTICLE 11. ALCOHOL AND DRUG POLICY
A. CITY and CONTRACTOR agree to establish and implement an alcohol and drug
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AGREEMENT NO. C-1-2492
program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which
is attached to this Agreement as Exhibit D. CITY and CONTRACTOR agree to produce any
documentation necessary to establish its compliance with sections 701-707.
B. Failure to comply with this Article may result in nonpayment or termination of this
Agreement.
ARTICLE 12. CONFLICT OF INTEREST
CITY and CONTRACTOR agree to avoid organizational conflicts of interest. An
organizational conflict of interest means that due to other activities, relationships or contracts, CITY
and/or CONTRACTOR is unable, or potentially unable to render impartial assistance or advice to
AUTHORITY; CITY's and/or CONTRACTOR's objectivity in performing the work identified in the
Scope of Work is or might be otherwise impaired; or CITY and/or CONTRACTOR has an unfair
competitive advantage. CITY and/or CONTRACTOR is obligated to fully disclose to AUTHORITY in
writing Conflict of Interest issues as soon as they are known to CITY and/or CONTRACTOR. 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 13. CODE OF CONDUCT
All parties agree to comply with AUTHORITY's Code of Conduct as it relates to Third-Party
contracts, which is hereby referenced and by this reference is incorporated herein. All parties agree
to include these requirements in all of its subcontracts
ARTICLE 14. 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
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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 S NTA AN
David Ream
City Manager
VIETNAMESE COUMMUNITY OF
ORANGE COUNTY
By Tk
Tricia Nguyen
Chief Executive Officer
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
ORANGE COU TY TR=ORTATION AUTHORITY
By
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By 2
Ken and R. Smart, Jr.
General Counsel
APPROVED:
By
*ethCormic
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
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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
Attachment 1
Pre- Operation Inspection & Defect Report
Bus.'Van No. Date:
r'ede-at Regulabons state that no motor vehido caning passengers for hire
sbad be driven unless the driver has detemwwd that the fatomng pars and
accessories are irr good working order. Each diver is required to subnst a
signed written report daily for each coach dnven.
!st Driver:
Miles Finish:
No Detects:
Mlles Start.
O Defects: 0 Signature:
Miles Elapsed:
2nd Driver:
Miles Fini :
No Defects
Miles Start Miles Ekpsad.
Q Defects: C Signature:
3rd Dsrver
Miles Finish: Miles Start'
No Defects: G Defects: O Signature'
Miles Elapsed-
PREOPERATIONS INSPECTIONS
in**e with an (x) that each item has been Checked'
AM1PM AK PM
TtreV,4 Nuts (wheels & rings)
- Emergency Reflectors
Motor-Guard Turn Signal SwtCtvHom
-r- Au System ,t^ First Aid KA
-I- Lights/Reflectors t_
- Radio
`Alheelchw Lifts _
t Driver's SeaL'Belt
VVtieeicnax Lift Cover -
- Dear Interlock
Manors /
-
- WV C Tie Down Straps
Windshieid VViper&Wasners
t
- Manual Litt Bar
Fie Extirkguisher _l Conduct Walk Around
Steering Mechanism -I- ParkinorakestSerfice
Brakes
DEFECTS: lfxkate with an (x) deleca" items ordy- (Exptafn in Deta)n
$R4KE?S Rt7AR4Dt7t € G ?
_ Brace Fluid Leaks - LigN On: _ Hot En9neJW3ter Leaks
_ Set/Hard Brakes Not Applied -Low OWOii Leaks
_ Pug to UR - LigtR On: -Starts Hard
- Dragging Brakes Applied _ No PowertEng. Ck. Light
_ Smoking Bus Stopped _ Smokes
_ Emergency Braise _ Light Not On: _ Idles Rough'Vibratiah
_ C ew - e)pratn Brakes Applied. _ Exhaust, Vacuum Leaks
TTRF8t ZLI S Bus Moving _ Fuel Leaks'LPG/Gas
_ Fie rtrC x _HfAnot _-'Other - e)ip1w
_ Embedded Object off
- ranuSiutssto?t
C
Too CotdfHot Won't Go Into Gear
_ S.^ O&NCord Defroster Defect _ Slips/Gnrids.'Lurches
.9 RF Rfti RRC Lid LL
Ventilation (Skivers) _ EXcessm lose
_
Loose Missing Lugs _ Furies _ Leaks
- (Jttner ey;xw _ 0aw- explain _ Drive Line Vibration
/Gtr'S ENTRANCFlt (ff()DpR$ _ Rear End Noise
,nten4or WiNDO
_ NG
Fxterice _ slow _ HardiSirxfs
_ Location: _ Inoperative _ Shimmy
_ Leaks Air - Excessive Play
wSHICL w CLEAM,WE'ss - Excess" Play - Odw. w9kan
?nteror Other - agiam QEtTRlCalt QtA)PISttPM
- cxleror - Emergency Releases
_ Generaior;Starter
Floor ktW ' CHAR LIFT Tum Signais!FiasJhers
_ 'Wnoows _ VAN Na Fold Gut morn
Seat Conds" _ Will Not Lower/Raise _ Fare Box
Tarr _ No Restraint D wrv'Up jnslruments'Gaugies
Lift Will Not Fold into
_ _ Fuel, Oil, Amp Meter
Bus
ZAD10 _ Seats _ Handrads - Modesty Panels
'suuy UAIMA(St:
I ,rcle and descri^e any damage to a ous on of frontirear and two side views
Description
0 Q
vescripti0n"
` Description _
Descripnon
c ?JC>?•'C?'
OPERATOR(S):
IMPORTANT". Help expedite repairs by providing necessary
information regarding defects` Please pnnt
REPAIRS MADE:
ALL ITEMS COMPLETED - BUS SERVICED AI NO RELEASED
Supervisor's Signature - Date
Attachment 2
Inspection
Senior Mobilitv P.M. Check List
Date Bus# TERMINAL workorder# Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between
ti. Gheck files and open workorders
C. Interior Y 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
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 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
Y G
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
Y G
Attachment 2
Inspection
Senior Mobility P.M. Check List
D. Brakes Y CL
1 Visible and audible leaks
2 Check all fines 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
L Note repairs needed
D. Lift Inspection
T
CL
Y N
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
Signature of Supervisor
6,000 miles- inspection/oil change
30,000 Transmission service
60,000 Differential service
AGREEMENT NO. C-1-2492
EXHIBIT B
Projected Funding Level
OCTA FY 12 - FY 16 Transportation Development Act Article 4.5 Funds
Community Center 2012 2013 2014 2015 2016
Allocation Projection Projection Projection Projectior
Vietnamese Community
of Orange County $ 71,848 $ 76,298 $ 80,329 $ 84,092 $ 87,771
ax Growth Rate 6.54% 6.19% 5.28% 4.68%`
L 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.
AGREEMENT NO. C-1-2492
Senior Mobility Program Monthly Reporting Form EXHIBIT C
Monthly Reporting E-Form
OCTA
Program Information
Service for the MonthNears of:
Program Name:
City or Organization:
Contact Person:
Contact Number:
eta s
1 Trip Category 11 One-Way II Vehicle Service II Vehicle Service
Passenger Trio Hours Miles
Shopping trips:
Other trips:
specify trip type below**)
ummary
OCTA Monthly Contribution Amount: 11 1
I City Monthly Contribution Amount: 11 1
Total Operation Cost for Month: 11 1
Source of City Contributions:
**Please specify other trip types being provided to seniors in this space:
Please provide the requested information and submit the compietea roan to VU IA.
Attention: Jessica Deakyne/Community Transportation Coordinator, by email to jdeakyne@octa.net or by FAX to (714)560-5927.
... By the 15th day of the month following the reporting month-
Please contact Jessica Deakyne at (714) 560-5802 if you have any questions or require assistance with the completion of this form.
Cnmmrnts-
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AGREEMENT NO. C-1-2492
EXHIBIT D
ldlcmmv?
?="Na zonal. 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: 0310312010
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).
Revised: 0310312010
Page 2 of 2
OCTA
AFFILIATED AGENCIES
Orange Coxnty
Transit District
Local Transportation
Authority
Service Authority for
Freeway Emergencies
Consolidated Transportation
Service Agency
Congestion Management
Agency
Service Aurhonty 4o,
Abandoned Ven%,!o,
July 14, 2011
Ms. Pearl Raya
City of Santa Ana
424 West Third Street
Santa Ana, CA 92702
SUBJECT: AGREEMENT NO. C-1-2492
Dear Ms. Raya:
Enclosed for your records is a copy of the above-referenced subject. If you have any
questions, please call me at (714) 560-5618.
Sincerely,
Cathy Foreman
Office Specialist
Contracts Administration and Materials Management
Enclosure
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282)