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HomeMy WebLinkAboutAGMT - OCTA (C-1-2487 Senior Mobility Program) & Amendment 1 and 2I AMENDMENT NO. 2 TO 2 COOPERATIVE AGREEMENT NO. C -1 -2487 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF SEAL BEACH 7 FOR 8 SENIOR MOBILITY PROGRAM aQ 9 THIS AMENDMENT NO. 2 is made and entered into this 2 7i day of -� tin e— , 2017 by 10 and between the Orange County Transportation Authority, a public corporation of the State of California 11 (hereinafter referred to as "AUTHORITY'), and the City of Seal Beach (hereinafter referred to as "CITY "). 12 ...__. - RECITALS..... 13 WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, as changed by 14 Amendment No. 1 dated November 30, 2016, AUTHORITY and CITY are entered into a contract to 15 provide the Senior Mobility Program (SMP) concerning senior transportation services; and 16 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County 17 Local Transportation Authority Ordinance No. 3; and 18 WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and 19 Policy Guidelines ( "Guidelines'); and 20 WHEREAS, AUTHORITY and CITY agree to revise the Exhibit B, "Senior Mobility Program 21 Agency Service Plan" to add the trip purpose to item 4 of Service Description; 22 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 23 Amendment No. 2 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following 24 particular only: 25 Amend EXHIBIT B, "Senior Mobility Program AgencV Service Plan ": to delete "Senior 26 Mobility Program Agency Service Plan" in its entirety and replace with "Senior Mobility Program Pape 1 of 2 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M �J26 AMENDMENT NO. 2 TO AGREEMENT NO. C -1 -2487 Agency Service Plan, Revision 1" as Attachment 1 to this Amendment. The balance of said Agreement remains unchanged. This Amendment No. 2 to Cooperative Agreement No. C -1 -2487 shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Cooperative Agreement No. C -1 -2487 to be executed on the date first above written. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY my Ji g • City Manager -2 ' j r City Attorney Pia Veesapen Manager, Contracts and Procurement APPROVED AS TO 8v Pace 2 of 2 M. Donich it Counsel Senior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Seal Beach Date 3/28/17 Program Contact Michael Ho, Dep. Dir. PW /City Engineer Phone Number (562) 431= 2527 x1322 Service Description: 1. Program goals and objectives: Email mho @sealbeachca.gov To provide safe, reliable and timely transportation for the seniors of the City of Seal Beach. 2. Indicate how SMP service will be operated: (Please check all that apply) ❑✓ Directly Operated ❑✓ Contract Service Provider ❑✓ Volunteers FVJ Subsidized Taxi Program ElOther (Please describe) 3. Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program: (check all that apply) ❑✓ Senior Center aNutrition Medical 0 Personal Care R Shopping ElSocial /Recreational (please list locations) 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? Q Yes O No If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) The trip purpose is for medical and destinations are for medical related ie doctor's office and hospital in Long Beach. S. Fare structure: None. Seal Beach residents are free. 6. Number of vehicles: 2 7. Projected annual ridership: 12000 —� 8. Source(s) of 20 percent match funding: AQMD and General Fund 2 { Program Requirements: 1. jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any --- --- _documentation.necessary.to establish its compliance with sections. 7.01- 707.__._ S. jurisdiction /Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE OCTA REPRESENTATIVE by—<f XA If �ko� Name: JMiChael HO I Title: Dep. Dir PW /City Engineer atIA Name. Title: (yPnwu �:ll/IAAQGt l itLiL� 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 AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C -1 -2487 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO. 2 is made and entered into this day 2017 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Seal Beach (hereinafter referred to as "CITY "). RECITALS WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, as changed by Amendment No. 1 dated November 30, 2016, AUTHORITY and CITY are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and Policy Guidelines ( "Guidelines "); and WHEREAS, AUTHORITY and CITY agree to revise the Exhibit B, "Senior Mobility Program Agency Service Plan" to add the trip purpose to item 4 of Service Description; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Amendment No. 2 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following particular only: Amend EXHIBIT B, "Senior Mobility Program Agency Service Plan ": to delete "Senior Mobility Program Agency Service Plan" in its entirety and replace with "Senior Mobility Program Paae 1 of 2 1 2 3 4 5 6 7 8 9 10 11 AMENDMENT NO. 2TO AGREEMENT NO. C -1 -2487 Agency Service Plan, Revision 1" as Attachment 1 to this Amendment. The balance of said Agreement remains unchanged. This Amendment No. 2 to Cooperative Agreement No. C -1 -2487 shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Cooperative Agreement No. C -1 -2487 to be executed on the date first above written. CITY OF SEA(_ BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By J Ingram City Manager 12 13 1 I BY 4 Robin 15 City C 16 17 By 18 19 20 21 22 23 24 25 r� City Attorney M Pia Veesapen Manager, Contracts and Procurement APPROVED AS TO Paae 2 of 2 Senior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Seal Beach Program Contact Date 3/28/17 Michael Ho, Dep. Dir. PW /City Engineer Phone Number (562) 431 -2527 x1322 Service Description: 1. Program goals and objectives: Email mho @sealbeachca.gov To provide safe, reliable and timely transportation for the seniors of the City of Seal Beach. 2. Indicate how SMP service will be operated: (Please check all that apply) ❑✓ Directly Operated 0 Contract Service Provider Volunteers Subsidized Taxi Program Other (Please describe) 3. Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program: (check all that apply) ❑✓ Senior Center ❑✓ Nutrition Medical Personal Care W1 Shopping Social /Recreational (please list locations) 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? O Yes O No If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) The trip purpose is for medical and destinations are for medical related ie doctor's office and hospital in Long Beach. 5. Fare structure: None. Seal Beach residents are free. 6. Number of vehicles: 12 7. Projected annual ridership: 12000 8. Source(s) of 20 percent match funding: AQMD and General Fund Program Requirements: 1. Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. Jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701 -707. S. Jurisdiction /Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. Jurisdiction /Agency will participate in OCTA marketing and outreach efforts.to encourage use of fixed route transit service by older adults. 7. jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. Jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY /REPRESENTATIVE . v RE " Name: JMichael Ho OCTA REPRESENTATIVE Name: Title: Dep. Dir PW /City Engineer Title: 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 AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C -1 -2487 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO.2 is made and entered into this Z 7i day of Lk -0 , 2017 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Seal Beach (hereinafter referred to as "CITY'). RECITALS WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, as changed by Amendment No. 1 dated November 30, 2016, AUTHORITY and CITY are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and Policy Guidelines ( "Guidelines "); and WHEREAS, AUTHORITY and CITY agree to revise the Exhibit B, "Senior Mobility Program Agency Service Plan" to add the trip purpose to item 4 of Service Description; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Amendment No. 2 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following particular only: Amend EXHIBIT B. "Senior Mobility Program Agency Service Plan ": to delete "Senior Mobility Program Agency Service Plan" in its entirety and replace with "Senior Mobility Program Paae 1 of 2 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 M 26 AMENDMENT NO. 2 TO AGREEMENT NO. C -1 -2487 Agency Service Plan, Revision 1" as Attachment 1 to this Amendment. The balance of said Agreement remains unchanged. This Amendment No. 2 to Cooperative Agreement No. C -1 -2487 shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Cooperative Agreement No. C -1 -2487 to be executed on the date first above written. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By gj 1 . (;� . ��.1 L' . Ingra City Manager By ! `c� Robin City C °z City By i - 11411i:A. Pia Veesapen I Manager, Contracts and Procurement tee,; Paae 2 of 2 AS TO M. Donich d Counsel Senior Mobility Program ocrw Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Seal Beach Program Contact Date 3/28/17 Michael Ho, Dep. Dir. PW /City Engineer — -- - ( 562-431=2527x1322 Phone Number Service Description: 1. Program goals and objectives: - Email - -- mho @sealbeachca gov- - -- - -_ To provide safe, reliable and timely transportation for the seniors of the City of Seal Beach. 2. Indicate how SMP service will be operated: (Please check all that apply) aDirectly Operated aContract Service Provider Volunteers Subsidized Taxi Program Other (Please describe) 3. Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program: (check all that apply) Senior Center 7 Nutrition Medical Personal Care 0 Shopping EJSocial /Recreational (please list locations) 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? Oo Yes O No If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) The trip purpose is for medical and destinations are for medical related ie doctor's office and hospital in Long Beach. S. Fare structure: None. Seal Beach residents are free. 6. Number of vehicles: 2 7. Projected annual ridership: 12000 8. Source(s) of 20 percent match funding: AQMD and General Fund Program Requirements: 1. Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any _ cdocumentation .necessary.to.establish its. compliance.with sections. 701 - 707....____________ .___.... S. jurisdiction /Agency will submit a monthly report to 0CTA's Community Transportation Services Department as illustrated in Attachment 3. 6. jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. Jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY /REPRESENTATIVE Name: IMichael Ho OCTA REPRESENTATIVE Name: Title: Dep. Dir PW /City Engineer Title: m OCTA BOARD OF DIRECTORS Lori Donchak Chair Michael Hennessey Vice Chair Lisa A. Bartlett Director Andrew Do Director Steve Jones Director Jim Katapodis Director Jeffrey Lalloway Director Gary A. Miller Director Al Murray Director Shawn Nelson Director Miguel Pinion Director Tim Shaw Director Todd Spitzer Director Michelle Steel Director December 9, 2016 Mr. Michael Ho City of Seal Beach 211 Eight Street Seal Beach, CA 90740 IRECIE11Y DD DEC 13 2016 CITY CLERK CITY OF SEAL BEACH SUBJECT: AMENDMENT NO. 1 TO AGREEMENT NO. C -1 -2487 Dear Mr. Ho: Enclosed for your records is a copy of the above - referenced subject. if you have any questions, please call Sue Ding at (714) 560 -5631. Sincerely, Cathy Foreman Office Specialist Contracts Administration and Materials Management Tom Tait Director Enclosure Frank Ury Director Gregory T WiNerbottom Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main Street /P.O. Box 14184 /Orange /California 92863 -1584 / (714) 560 -OCTA (6282) 1 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -2487 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF SEAL BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM i 8 THIS AMENDMENT NO. 1 is made and entered into this O� ,\ day of t��oJ 2 ���� 52016 by 9 and between the Orange County Transportation Authority, a public corporation of the State of California 10 (hereinafter referred to as "AUTHORITY "), the City of Seal Beach (hereinafter referred to as "CITY "). 11 RECITALS 12 WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, AUTHORITY and CITY are 13 entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation 14 services; and 15 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County 16 Local Transportation Authority Ordinance No. 3; and 17 WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and 18 Policy Guidelines ( "Guidelines "); and 19 WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through 20 June 30, 2021; 21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 22 Amendment No. 1 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following 23 particulars only: 24 1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to 25 this Amendment. 26 / Pape 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1V 17 ^:8 19 20 21 22 23 24 25 26 r AMENDMENT NO. 1 TO AGREEMENT NO. C -1 -2487 2. Amend ARTICLE 4. TERM OF AGREEMENT: Page 5 of 9, line 23, to delete "June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021 ". 3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECORDS: Page 6 of 9, line 25, to delete "four (4) years" as the period for audit and inspection record, and in lieu thereof insert "five (5) years ". 4. Amend ARTICLE 11. ALCOHOL AND DRUG POLICY: Page 7 of 9, line 19, to change the Drug Free Workplace Act of 1988 from "Exhibit D" to "Exhibit E ". The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement No. C -1 -2487 shall be made effective on July 1, 2016. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C -1 -2487 to be executed on the date first above written. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY E City Manager By Robin Roberts Citv Clerk City Attorney By Darrell Joh spp Chief Exe,u fve Officer APPROVED A TO FORM: By J es M. Don�ch eneral Counsel APPROVED: By Beth McCormick General Manager, Transit Paae 2 of 2 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 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the following: 1. Services provided under the Senior Mobility Program are available to individuals 60 years of age and older. 2. Funds for the program are identified as one percent (1 %) of Renewed Measure M (M2) net sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's respective percentage of the senior population of the entire county. 3. Senior population will be determined by using the most current official decennial Census information provided by the U.S. Census Bureau. basis. 4. All active participants will receive their portion of funding on a bi- monthly B. In the event that the amount of M2 funding provided for this program is less than the amount allocated for this program in fiscal year (FY 2010 -11 as illustrated in Exhibit A, "Senior Mobility Program Allocation," AUTHORITY will allocate funds to CITY in an amount no greater than FY 2010 -11 funding levels less M2 SMP revenues. Disbursement of supplemental funds will occur upon reconciliation of total M2 funds distributed to CITY during the fiscal year. C. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. D. In the event the time limits for use of Net Revenues are not satisfied, then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation, based on Page 1 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY. 2 ARTICLE 3. RESPONSIBILITIES OF CITY 3 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 4 above will be used exclusively for providing accessible senior transportation services as specified in 5 Exhibit B. entitled "Senior Mobility Program Service Plan." 6 B. CITY will ensure the Service Plan is adopted by their governing board in accordance 7 with Section 7.0 of the SMP Funding and Policy Guidelines. 8 C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation 9 Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula 10 allocation for this program. 11 D. CITY agrees to comply with all provisions of the SMP Guidelines included as Exhibit C. 12 E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of 13 receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 14 granted beyond a total of five (5) years from the date of the initial funding allocation. 15 F. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 16 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to 17 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 18 any project within the same source program at the discretion of AUTHORITY. 19 G. CITY agrees to match a minimum of twenty percent (20 %) of the total annual program 20 expenditures. Local match may be made up of cash - subsidies, fare revenues, donations, or in -kind 21 contributions, such as salaries and benefits for CITY employees who perform work on the program. 22 H. CITY may contract with a third -party service provider to provide senior transportation 23 services provided that: 24 1. Contractor is selected using a competitive procurement process; and 25 2. Wheelchair accessible vehicles are available and used when requested. 26 / Page 2 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 I. CITY shall procure and maintain insurance coverage during the entire term of this 2 Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY shall 3 provide the following insurance coverage: 4 1. Commercial General Liability, to include Products /Completed Operations, 5 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 6 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 7 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a 8 combined single limit of $1,000,000.00 each accident; 9 3. Workers' Compensation with limits as required by the State of California 10 including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 11 4. Employers' Liability with minimum limits of $1,000,000.00; and 12 J. Proof of such coverage, in the form of an insurance company issued policy 13 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to 14 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 15 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 16 employees and agents designated as additional insured on the general and automobile liability. Such 17 insurance shall be primary and non - contributive to any insurance or self- insurance maintained by 18 AUTHORITY. 19 K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 20 Number C -1 -2487; and, the Senior Contract Administrator's Name, Sue Ding. 21 L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 22 Mobility Program. CITY shall submit monthly summary report by the end of the following month as 23 specified in Exhibit D, "Senior Mobility Program Monthly Reporting Form," included in this Agreement, 24 which is incorporated into and made part of this Agreement. 25 / 26 / Page 3 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 M. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 2 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 3 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 4 jurisdiction's fiscal year and include the following: 5 1. All Net Revenue fund balances and interest earned. 6 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 7 program or project. 8 N. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 9 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 10 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 11 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 12 calendar days from taking possession of the vehicle. 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 4 of 4 Le W a 3 p � 2) n Q. L zt O Ft N N C -s (D 0 CL 95� U Gi 4 r) n CD �� O co N y� Vl N N CA O N N O CD CO N —• N Ui -4 ry 0) v W W IN W H O� O z� N cn ? J J c y v �• J CO Ul N N 07 pp Q C O N co CD N .69 'a N Q A N pp N O �N o 6 0o � CO CO O O �p C) r• W J W O .69 Q N v N 07 N Oo N O 4 O -P CO (h p _ s� rS A W 07 O W W cn (o 'W O --J n rt r O Le W :uL W EXHIBIT B Senior Mobility Program Agency Service Plan Agency: City of Seal Beach Senior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency Citv of Seal Beach Date 3/28/16 Program Contact Michael Ho, Dep. Dir. PW /City Engineer Phone (562) 431 -2527 X1322 Email mho @-�ealbeachca.gov Service Description: 1. Program goals and objectives: To provide safe, reliable and timely transportation for the seniors of the City of Seal Beach. 2. Indicate how SMP service will be operated: (Please check all that apply) Directly - Operated Contract Service Provider Y1Volunteers Subsidized Taxi Program Other (Please Describe) 3. Eligible trips provided under the SMP are limited to the following categories. Please indicate the categories of service to be provided by your program: (Please check all that apply) aSenior Center Personal Care Nutrition Shopping Medical Social / Recreation (Please Describe) 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? O Yes (o ) No If yes, please list the trip purpose and destinations: (eg., medical trips to the VA Hospital in Long Beach) S. Fare structure: None. Seal Beach residents are free. 6. Number of vehicles: 12 7. Projected annual ridership: 12,000 RM of Lu percent match AQMD, General Fund and Private Party Program Requirements: 1. Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. Jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701 -707. 5. Jurisdiction /Agency will submit monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. Jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. Jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (excluding taxis). 8. Jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE OCTA REPRESENTATIVE Name: Michael Ho Name: Beth McCormick Title: Dep. Dir. PW /City Engineer Title: General Manager, Transit RESOLUTION NUMBER 6634 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGENCY SERVICE PLAN WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING THE SENIOR MOBILITY PROGRAM THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Agency Service Plan between the City of Seal Beach and Orange County Transportation Authority. Section 2. The City Council hereby authorizes the City Manager to execute the Agency Service Plan. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of April 2016 by the following vote: AYES: Council Members: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: Q4 pjxl�o Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } rib l.. /l F"If LIl • _ o 1, Robin Roberts, Ciry Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6634 on file in EXHIBIT C Senior Mobility Program Project U Funding and Policy Guidelines March 2016 1.0 Overview The Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding to support local, community -based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County local jurisdictions based upon their senior population. One percent of M2 net revenue is used to fund the program and local jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. The Orange County Transportation Authority (OCTA) Board of Directors approved these guidelines on March 28, 2016. The purpose is to provide structure and definitions for all eligible M2 jurisdictions receiving SMP funding. OCTA shall enforce the provisions spelled out in these guidelines. 2.0 Objectives • To provide for local, community -based senior transportation services. • To allow local jurisdictions to develop and implement senior transportation services to serve their community. • To provide transit options for seniors which complement rather than duplicate OCTA fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Local jurisdictions must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this program.' Adherence to strict funding guidelines is required. Local jurisdictions are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. 1 Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III 1IPage S: \TEMP \Sue D \Supplementa1\5MP - Attachment B.docx EXHIBIT C 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible local jurisdictions based upon the participating jurisdiction's percentage of the senior population of the county. Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi- monthly basis. SMP funds must be expended within three years of receipt. OCTA may grant a two -year extension beyond the three -year expenditure limitation; however, an extension may not exceed five years from the date of the initial funding allocation. Jurisdictions requesting an extension beyond the three -year limitation must submit a justification letter for review and approval by OCTA at least 90 days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not satisfied, any retained SMP funds that were allocated to an eligible jurisdiction, including interest, shall be returned to OCTA. - 5.0 Match Requirements Participating jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in -kind contributions such as salaries and benefits for the jurisdiction's employees who perform work on the program. Jurisdictions may also be required to submit supporting documentation to substantiate local match expenditures. Jurisdictions are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent match requirement must be met by the end of each fiscal year, defined as June 30. Jurisdictions not satisfying the annual 20 percent match shall be subject to withholding of funds from future bi- monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. 21 Page S: \TEMP \Sue D \Supplemental \SMP- Attachment B.dou EXHIBIT C Example: Total Program Expenditures $100,000 Total M2 Funding Allocation $ 80,000 20% Required Match $ 20,000 Actual Reported Match $ 15,000 Withholding Calculation: Total M2 Funds Spent $ 80,000 M2 Funding Eligibility Based on Actual Reported Match 60,000 Withholding from Future Allocation(s) $ 20,000 6.0 Service Guidelines Services provided under the SMP are available to individuals 60 years of age and older. Jurisdictions have discretion in the types of trips provided within Orange County, such as trips to /from senior centers, medical appointments, shopping, personal care, and social /recreational activities. Jurisdictions should use discretion when providing trips for social /recreational activities when developing their Service Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately 10 miles of the Orange County border. Jurisdictions also have discretion in how the service is operated. Senior transportation services may be operated using employees, volunteers, or the jurisdiction may contract with a third -party service contractor. Contractors must be selected using a competitive procurement process and the jurisdiction must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Jurisdictions whose program offers subsidized taxi service for seniors must ensure trips provided with SMP funding are consistent with the trip types as specified in these guidelines. Wheelchair accessible vehicles must be available for SMP service. Jurisdictions will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Jurisdictions will ensure that its operators, or its contracted operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Jurisdictions may receive retired OCTA ACCESS paratransit vehicle(s) to support their senior transportation program. Additional retired ACCESS vehicles may be 31Page S: \TEMP \Sue 0 \Supplemental \SMP- Attachment e.docx EXHIBIT C purchased, based on availability, for a cost equivalent to the refurbishment costs incurred by OCTA. 7.0 Service Plan Adoption Participating jurisdictions shall submit to OCTA a SMP Service Plan which defines program services (Exhibit A). The Service Plan must be submitted using a template provided by OCTA and must be adopted by the jurisdiction's governing body and approved by the OCTA Board of Directors. Any deviation from the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval and will require an amendment to the cooperative funding agreement prior to implementing a change in program services. 8.0 Eligible Expenses Participating jurisdictions shall ensure M2 funds are used for eligible direct program - related expenses which may include contract service providers, staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies and materials, marketing materials, and community outreach. Jurisdictions shall ensure all costs are program - related and are fair and reasonable. Administrative costs up to 10 percent are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by ajurisdiction for other than transportation purposes authorized in the M2 Ordinance. 9.0 Program Revenue Participating jurisdictions must maintain adequate controls for collecting and reporting program revenue, including donations, fees, and cash fares. Program revenue must be used to support the transportation service and may be used as part of the jurisdiction's 20 percent local match requirement. 10.0 Reporting Participating jurisdictions are required to submit monthly reports using a reporting template provided by OCTA (Exhibit B). Required monthly reporting data may include, but is not limited to, the following: • Number of Trips by Category • Vehicle Service Hours o Vehicle Service Miles 41 Page 5: \TEMP \Sue D \Supplemental \SMP- Attachment 6.docx EXHIBIT C • Program Cost Detail by Expense Category and % of Total Operating Cost • Fares, Fees and Other Operating Revenue • Jurisdiction Total Contribution & Source • Jurisdiction Share as % of Total Operating Cost • Cumulative Jurisdiction Share to Date • OCTA Contribution • OCTA Contribution as % of Total Operating Cost • Cumulative Contribution Received from OCTA • Total Monthly Program Operating Cost • Cumulative Total Program Operating Cost Jurisdictions shall also be required to maintain supporting documentation to substantiate reporting data. Supporting documentation may include, but is not limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance records /receipts. Reports are due by the last day of the following month. A preliminary report may be submitted; however, submission of a final report is required within 15 days of the last day of the following month. Failure to meet the established reporting deadline for two months at any time during the fiscal year may result in future withholding of funding and /or other sanctions to be determined. 11.0 Audits & Inspection of Records M2 funding is subject to audit. Jurisdictions shall maintain program documentation and records for a period of no less than five years. Program documents and records, including but not limited to payroll, trip sheets, invoices, vehicle maintenance, fuel, and other program - related expenses, shall be available for review by OCTA SMP administrators, auditors, and authorized agents upon request. Jurisdictions must follow established accounting requirements and applicable laws regarding the use of public funds. Failure to submit to an audit in a timely manner may result in withholding or loss of future funding. Failure to comply with the approved Service Plan will require remediation which may include repayment, reduction in overall allocation, and /or other sanctions to be determined by the OCTA Board of Directors. Audits shall be conducted by the OCTA Internal Audit Department, or other authorized agent, as determined by OCTA. OCTA's failure to insist in any one or more instances of a jurisdiction's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the jurisdiction's obligation to comply with these guidelines. Moreover, only the OCTA Board of Directors shall have the authority to alter and /or waive any requirements /obligations set forth in these guidelines. 51 Page S: \TEMP \Sue D \Supplemental \SMP- Attachment B.doca M Senior Mobility Program OCTA Monthly Reporting Form Service for the - Month of: July Program Name: Participating Agency: Agency Contact: Contact Number: Year of: 2016 EXHIBIT D 'S Iflp,Ca Ley, ory ', ^; "' 1 °, -' , , ; al ��One Way bin- Nr •Servi e Hours '4` Service IViiles't- . g 1u1 20164 ,,iFxY�TD� JviiIr2016P '; ;�SFYTD JuIr2016 FYTD� Senior Center - - - - - - Medical $ - - - - - $ - Shopping - - - - - - Personal Care - - - - - - Social / Recreational - - - - - - � �' �'2h$ �� 9R Ms —y,-s, e. � iW �Total� -ar.:. S� •_� � �,ns�...."1 .� -,:<- � g ». ... �xi�� .'�4'.'�,.s" s.. e. a �"tiSy+. � _._. ..,� > .� 23 � € �. �... NINE - Cost,CateNowryw.€a, M�- Service Contract $ - 0.0% $ - 0.0% Drivers / Operators / Dispatchers $ - 0.0% $ - 0.0% Vehicle Maintenance / Fuel / Insurance $ - 0.0% $ - 0.0% Marketing Outreach $ - 0.0% $ - 0.05/ Administration $ - 0.0% 'total y;'°�5,,.,:�f`a �z�.r „�.'� �'G,�'° ;$Y„d..-3itwx.r�a":`�` �z:.��.�'�� _$_�_` -ins . ��E� �i "•,'�"f' OCTA Contribution $ - 0.0% $ - 0.05/ Agency Contribution $ - 0.0% $ - 0.0% Program Revenue $ - 0.0% $ - 0.0% Source(s) of Agency Contributions: Agency hereby certifies that this report is a true, complete and correct statement of program revenue, costs and operating data. 1 THIS REPORT IS DUE BYTHE LAST DAY OF THE MONTH FOLLOWING THE REPORTING MONTH f. Please send this report by email to CTSPROGRAMS @OCTA.NET or by fax to 714 -560 -5927. If there are any questions, please contact JOANNE JACOBSEN by email at JAACOBSEN@OCTA.NET or JP GONZALEZ by email at JGONZALEZI @OCTA.NET. I 21 31 4 5 6 7 MI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -2487 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO.1 is made and entered into this day of , 2016 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), the City of Seal Beach (hereinafter referred to as "CITY "). RECITALS WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, AUTHORITY and CITY are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and Policy Guidelines ( "Guidelines "); and WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through June 30, 2021; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Amendment No. 1 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following particulars only: 1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to this Amendment. Paae 1 of 2 2 3 4 5 6 7 17 9 10 11 12 13 14 15 I/}} �G 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO AGREEMENT NO. C -1 -2487 2. Amend ARTICLE 4. TERM OF AGREEMENT: Page 5 of 9, line 23, to delete "June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021 ". 3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECORDS: Page 6 of 9, line 25, to delete "four (4) years" as the period for audit and inspection record, and in lieu thereof insert "five (5) years". 4. Amend ARTICLE 11. ALCOHOL AND DRUG POLICY: Page 7 of 9, line 19, to change the Drug Free Workplace Act of 1988 from "Exhibit D" to "Exhibit E ". The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement No. C -1 -2487 shall be made effective on July 1, 2016. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C -1 -2487 to be executed on the date first above written. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By 404LOn— By JASAngram U Darrell Johnson City Manager Chief Executive Officer By 1\CALTnj2A Robin Roberts City Clerk City Attorney APPROVED: By Beth McCormick General Manager, Transit Paae 2 of 2 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 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the following: 1. Services provided under the Senior Mobility Program are available to individuals 60 years of age and older. 2. Funds for the program are identified as one percent (1 %) of Renewed Measure M (M2) net sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's respective percentage of the senior population of the entire county. 3. Senior population will be determined by using the most current official decennial Census information provided by the U.S. Census Bureau. basis. 4. All active participants will receive their portion of funding on a bi- monthly B. In the event that the amount of M2 funding provided for this program is less than the amount allocated for this program in fiscal year (FY 2010 -11 as illustrated in Exhibit A, "Senior Mobility Program Allocation," AUTHORITY will allocate funds to CITY in an amount no greater than FY 2010 -11 funding levels less M2 SMP revenues. Disbursement of supplemental funds will occur upon reconciliation of total M2 funds distributed to CITY during the fiscal year. C. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. D. In the event the time limits for use of Net Revenues are not satisfied, then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation, based on Page 1 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY. 2 ARTICLE 3. RESPONSIBILITIES OF CITY 3 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A 4 above will be used exclusively for providing accessible senior transportation services as specified in 5 Exhibit B, entitled "Senior Mobility Program Service Plan." 6 B. CITY will ensure the Service Plan is adopted by their governing board in accordance 7 with Section 7.0 of the SMP Funding and Policy Guidelines. 8 C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation 9 Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula 10 allocation for this program. 11 D. CITY agrees to comply with all provisions of the SMP Guidelines included as Exhibit C. 12 E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of 13 receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 14 granted beyond a total of five (5) years from the date of the initial funding allocation. 15 F. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 16 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to 17 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 18 any project within the same source program at the discretion of AUTHORITY. 19 G. CITY agrees to match a minimum of twenty percent (20 %) of the total annual program 20 expenditures. Local match may be made up of cash - subsidies, fare revenues, donations, or in -kind 21 contributions, such as salaries and benefits for CITY employees who perform work on the program. 22 H. CITY may contract with a third -party service provider to provide senior transportation 23 services provided that: 24 1. Contractor is selected using a competitive procurement process; and 25 2. Wheelchair accessible vehicles are available and used when requested. 26 / Page 2 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 I. CITY shall procure and maintain insurance coverage during the entire term of this 2 Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY shall 3 provide the following insurance coverage: 4 1. Commercial General Liability, to include Products /Completed Operations, 5 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 6 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 7 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a 8 combined single limit of $1,000,000.00 each accident; 9 3. Workers' Compensation with limits as required by the State of California 10 including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 11 4. Employers' Liability with minimum limits of $1,000,000.00; and 12 J. Proof of such coverage, in the form of an insurance company issued policy 13 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to 14 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 15 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 16 employees and agents designated as additional insured on the general and automobile liability. Such 17 insurance shall be primary and non - contributive to any insurance or self- insurance maintained by 18 AUTHORITY. 19 K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 20 Number C -1 -2487; and, the Senior Contract Administrator's Name, Sue Ding. 21 L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 22 Mobility Program. CITY shall submit monthly summary report by the end of the following month as 23 specified in Exhibit D, "Senior Mobility Program Monthly Reporting Form," included in this Agreement, 24 which is incorporated into and made part of this Agreement. 25 / 26 / Page 3 of 4 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C -1 -2487 1 M. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 2 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 3 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 4 jurisdiction's fiscal year and include the following: 5 1. All Net Revenue fund balances and interest earned. 6 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 7 program or project. 8 N. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 9 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 10 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 11 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 12 calendar days from taking possession of the vehicle. 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 4 of 4 CD ED 0 n� O i D () v . rD G7 ry O � O 7 O n v (D Cam/) _v FCD IN J H Ll J Q 0 CD N N O D J Q) J H O `� O N N f-t Q O A ^� n a.) O o 00 m' `�° o CD 3 p � — a L Q ry C C y't 7 ar;'e m ffl � A; W A N N A � W v v s Oo OD A W i S �5 (n V (I) N � O N N 3"w fA x� A W � N W O Cl) V W N N N OD co N O � O A W Ut A 00 W Es `t N U1 7; -4 .0 m x m D i Y <Vy rC1 :•P W V CO CD ED 0 n� O i D () v . rD G7 ry O � O 7 O n v (D Cam/) _v FCD IN J H Ll J Q 0 CD N N O D J Q) J H O `� O N N f-t Q O A ^� n a.) O o 00 m' `�° o CD 3 p � — a L Q ry C C y't 7 ar;'e m ffl � A; W A N N A � W v v s Oo OD A W i S �5 (n V (I) N � O N N 3"w fA x� A W � N W O Cl) V W N N N OD co N O � O A W Ut A 00 W Es `t N U1 7; -4 .0 m x m D EXHIBIT B Senior Mobility Program Agency Service Plan Agency: City of Seal Beach Senior Mobility Program OCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Seal Beach Program Contact Michael Ho, Dep. Dir. PW /City Engineer Email mho @sealbeachca.gov Service Description: 1. als ano omectives: Date 3/28/16 Phone (562) 431 -2527 X1322 To provide safe, reliable and timely transportation for the seniors of the City of Seal Beach. 2 Indicate how SMP service will be operated: (Please check all that apply) Directly - Operated Contract Service Provider Volunteers Subsidized Taxi Program = Other (Please Describe) 3. Eligible trips provided under the SMP are limited to the following categories. Please indicate the categories of service to be provided by your program: (Please check all that apply) Senior Center Fv�] Personal Care Nutrition 2:1 Shopping Medical = Social / Recreation (Please Describe) 4. SMP Guidelines restricts trips outside of Orange County to medical trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? O Yes (o ) No If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital in Long Beach) S. Fare structure: None. Seal Beach residents are free. 6. Number of vehicles: 2 7. Projected annual ridership: 112,000 91 Source(s) of 20 percent match funding: AQMD, General Fund and Private Party Program Requirements: 1. Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards. 2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. Jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 4. Jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701 -707. S. Jurisdiction /Agency will submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. 6. Jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7. Jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in this program (esdudingtaxis). 8. Jurisdiction /Agency will ensure that it maintains adequate oversight and control over all aspects of services that arc provided by a contracted vendor. IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE OCTA REPRESENTATIVE Name: Michael Ho Name: Beth McCormick Title: Dep. Dir. PW /City Engineer Title: General Manager, Transit RESOLUTION NUMBER 6634 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGENCY SERVICE PLAN WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING THE SENIOR MOBILITY PROGRAM ' THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Agency Service Plan between the City of Seal Beach and Orange County Transportation Authority. Section 2. The City Council hereby authorizes the City Manager to execute the Agency Service Plan. PASSED, /,PPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of April 2016 by the following vote: AYES: Council Members: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: K; ZA pll_�o Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } vign I, Robin Roberls, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6634 on file in EXHIBIT C Senior Mobility Program Project U Funding and Policy Guidelines March 2016 1.0 Overview The Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding to support local, community -based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County local jurisdictions based upon their senior population. One percent of M2 net revenue is used to fund the program and local jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. The Orange County Transportation Authority (OCTA) Board of Directors approved these guidelines on March 28, 2016. The purpose is to provide structure and definitions for all eligible M2 jurisdictions receiving SMP funding. OCTA shall enforce the provisions spelled out in these guidelines. 2.0 Objectives • To provide for local, community -based senior transportation services. • To allow local jurisdictions to develop and implement senior transportation services to serve their community. • To provide transit options for seniors which complement rather than duplicate OCTA fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Local jurisdictions must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this program.' Adherence to strict funding guidelines is required. Local jurisdictions are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. 1 Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III 1IPage S: \TEMP \Sue D \Supplemental \SMP- Attachment 6.docx EXHIBIT C 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible local jurisdictions based upon the participating jurisdiction's percentage of the senior population of the county. Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi- monthly basis. SMP funds must be expended within three years of receipt. OCTA may grant a two -year extension beyond the three -year expenditure limitation; however, an extension may not exceed five years from the date of the initial funding allocation. Jurisdictions requesting an extension beyond the three -year limitation must submit a justification letter for review and approval by OCTA at least 90 days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not satisfied, any retained SMP funds that were allocated to an eligible jurisdiction, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in -kind contributions such as salaries and benefits for the jurisdiction's employees who perform work on the program. Jurisdictions may also be required to submit supporting documentation to substantiate local match expenditures. Jurisdictions are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent match requirement must be met by the end of each fiscal year, defined as June 30. Jurisdictions not satisfying the annual 20 percent match shall be subject to withholding of funds from future bi- monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. 21 Page S: \TEMP \Sue O \Supplemental \SMP- Attachment B.docx Senior Mobility Program EXHIBIT OCTA Monthly Reporting Form Service for the - Month of: July Year of: 2016 Program Name: Participating Agency: Agency Contact: Contact Number: :.� .G F Tn , . , -One Way Tnp'3 't''i5ervice Hours` —" K . -ti Serve Miles "Ju201 . , s 1201F7D , FYiD ; Senior Center $ - 0.0% - 0.0% - - Medical - - - - - - Shopping - - - - - - Personal Care - - - - - - Social / Recreational - - - - - - Program Revenue $ - 0.0%1 $ - 0.0% Eos_tCategory� -�" _ Ju12016 'E. Cost _ r 'iAs a_% �0.0% Service Contract $� - $� - 0.0% Drivers / Operators / Dispatchers $ - 0.0% $ - 0.0% Vehicle Maintenance / Fuel / Insurance $ - 0.0% $ - 0.0% Marketing Outreach $ - 0.0% $ - 0.0% Administration $ - 0.05. $ - 0.0% Total OCTA Contribution $ - 0.0% $ - 0.0% Agency Contribution $ - 0.0% $ - 0.0% Program Revenue $ - 0.0%1 $ - 0.0% Source(s) of Agency Contributions: Agency hereby certifies that this report is a true, complete and correct statement of program revenue, costs and operating data. I ,?'i:" . ;''!,THIS REPORT_ IS. DUE - 3Y,7HE LAST, DAYOF: THE .MONTH . FOLLOWI NG. THE 'REP,ORTING,MONTH! = Please send this report by email to CTSPROGRAMS @OCTA.NET or by fax to 714 -560 -5927. If there are any questions, please contact JOANNE JACOBSEN by email at JJACOBSEN @OCTA.NET or JP GONZALEZ by email at JGONZALEZI @OCTA.NET. 1 COOPERATIVE AGREEMENT C -1 -2487 2 BETWEEN 3 THE ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITY OF SEAL BEACH 6 FOR 7 SENIOR MOBILITY PROGRAM � —t 8 THIS AGREEMENT is made and entered into this 27 day of ILIIE , 2011 9 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 10 Orange, California 92863 -1584, a public corporation of the state of California (hereinafter referred to as 11 "AUTHORITY "), and the City of Seal Beach, . 211 Eighth Street, Seal Beach, California 90740 12 (hereinafter referred to as "CITY "). Herein, AUTHORITY and CITY are sometimes individually referred 13 to as the "PARTY" and collectively as the "PARTIES." 14 RECITALS 15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Seal 16 Beach; and 17 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) 18 concerning senior transportation services; and 19 WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY 20 and CITY in executing a Senior Mobility Program for senior transportation; and 21 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange 22 County Local Transportation Authority Ordinance No. 3; and 23 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 24 February 14, 2011; 25 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 26 follows: Page 1 of 9 LACamm \CLERICAL \WORD PROC\AG REE V,G I2487.docx AGREEMENT NO. C -1 -2487 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 Page 2 of 9 L: \Camm \C LE R I CAL \W OR DPROC\AG REE\AG 12487.docx o • AGREEMENT NO. C -1 -2487 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 Page 3 of 9 L: \C a m m \CLERICAL \W O R D P ROC W G R E E\A G 12487. docx 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 0 0 AGREEMENT NO. C -1 -2487 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation. Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions. F. CITY 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. G. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Coverage shall be full coverage or subject to self- insurance provisions. CITY 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 limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000.00 each accident; 3. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 4. Employers' Liability with minimum limits of $1,000,000.00; and 5. Professional Liability with minimum limits of $1,000,000.00 per claim. H. 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 within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such L. \Comm \CLERICAL \WORDPROC\ AGREE\AGI 2487.docx Page 4 of 9 AGREEMENT NO. C -1 -2487 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 -2487; 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 / Page 5 of 9 L:\Camm \CLERICAL \WORDPROC\AGREEWG 12487.docx 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 • AGREEMENT NO. C -1 -2487 ARTICLE 5. 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: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 ATTENTION: Sean P. Crumby (562) 431 - 2527 ext. 1318 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, California 92863 -1584 ATTENTION: Pia Veesapen (714) 560 - 5619 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS AUTHORITY 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 7. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or incorporated by reference. ARTICLE 8. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also L: \Camm \CLE RI CAL \W ORD PROC\AG RE E\AG 12487.docx Page 6 of 9 • • AGREEMENT NO. C -1 -2487 1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 3 ARTICLE 9. TERMINATION 4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in 6 advance of the specified date of termination. 7 ARTICLE 10. INDEMNIFICATION 8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 9 employees and agents from and against any and all claims (including attorney's fees and 10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 13 connection with or arising out of the performance of this Cooperative Agreement . 14 B. CITY shall maintain adequate levels of Insurance, or self- insurance to assure full 15 indemnification of AUTHORITY. 16 ARTICLE 11. ALCOHOL AND DRUG POLICY 17 A. CITY agrees to establish and implement an alcohol and drug program that complies with 18 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this 19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its 20 compliance with sections 701 -707. 21 B. Failure to comply with this Article may result in nonpayment or termination of this 22 Agreement. 23 ARTICLE 11. CONFLICT OF INTEREST 24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest 25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to 26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work Page 7 of 9 L'. \Camm\ CLERICAL \W ORDP ROCW GREE\AG12487. docx AGREEMENT NO. C -1 -2487 1 identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive 2 advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as 3 soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY 4 pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this 5 Agreement. 6 ARTICLE 12. CODE OF CONDUCT 7 CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party 8 contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to 9 include these requirements in all of its subcontracts. 10 ARTICLE 13. FORCE MAJEURE 11 Either PARTY shall be excused from performing its obligations under this Agreement during 12 the time and extent that it is prevented from performing by a cause beyond its control, including, but 13 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 14 or facilities by the federal state or local government; national fuel shortage, or a material act of 15 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 16 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 17 not due to the fault or negligence of the PARTY not performing. 18 19 20 21 22 23 24 25 I 26 Page 8 of 9 L:\Camm \C LE R I CAL \W ORDPROC\AG RE E\AG 12487. docx AGREEMENT NO. C -1 -2487 1 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 2 July 1, 2011. 3 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 4 C -1 -2487 to be executed on the date first above written. 5 CITY OF SEAL BEACH ORANGE TRANSPORTATION ORTATION AUTHORITY Jil I am U Will Kempton 7 City Manager (Acting) Chief Executive Officer 8 9 APPR VEDAS TO FORM: 10 By Kennard R. Smart, Jr. 11 General Counsel 12 13 APPRO By 14 Beth McCormick 15 General Manager, Transit 16 17 18 19 20 21 22 23 24 25 26 Page 9 of 9 L:1Carn CLERICAL %WOROPROCVIGREEAG12487.docx 0 SCOPE OF WORK Senior Mobility Program AGAMENT NO. C -1 -2487 EXHIBIT A 1. The City of Seal Beach (City) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following services: • Curb to curb paratransit service for Seal Beach senior residents age 55 and older and persons with disabilities. • Service shall be provided as available with one bus operating and within the permitted budget. • The service shall run from 8:00 a.m. to 5:00 p.m. • The service shall run from Monday through Friday. • Expanded Dial -A -Ride Services, providing one vehicle and one driver Monday through Friday 8:00 a.m. to 5:00 p.m. transporting eligible Seal Beach residents to and from any location within the City and within a three -mile radius outside the City's corporate boundaries. 2. The City shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own workforce. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting ADA accessibility standards. 3. The City wishes to obtain the following retirement eligible OCTA ACCESS vehicles: • One (1) bus donated by OCTA, • One (1) additional vehicle which it will purchase from OCTA for $5,000. 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 City of Seal Beach Attachment 1 • Pre- Operation Inspection & Defect Report Bus.h'an No Date Peoeral Regulations state that no motor vehicle carrying passengers !or tiro $Za6 be driven L'nieSS the Omer has determined that the following parts and accessories are in good working order. Each driver iS reguved to subma a signed written report daffy for each coach driven. tst Driver: AI PM Miles Finish: _ Miles start : No Defects, C Defects: C Signature: 2nd Driver: Turn Signal SwrtchlHom Miles Finish: Miles Star-,: No Defects: G Defects: C Signature. 3rd Driver _ Miles = nisn'. No Defects: Miles Stan' C Defects: ❑ Signature: Miles Elapsed: Miles Elapsed'. Miles Elapsed: PREOPERATIONS INSPECTIONS indicate with an (A that each Gem has been checked AWPM AI PM Taes'Lug Nuts (wheels 8 rims) —!— Emergency Reteciws _t _i— Motor -Guard _!_ Turn Signal SwrtchlHom —'_ Air System _/_ First Aid KA -rgnts'Refectom _/_ Radio VAheNsnau Lifts _1_ Drivers SeaVBen WneecnaR Ull Cover _/_ Door Interlock Mirrors —i WIC Tie Down Straps WRWSnwid Wipersrliashers _!_ Manual Litt Bar Fire Extinguisher / Conduct Walk Around Sleeting Mechanrsm t_ ParkingJBrakes'Ser+ice erakes DEFEC`S.- Indcale with an (tj detecdve items onty, (Explain in DOWID BRAKE$ RETARDER rNG1 _ Brake Fluid Leaks — Light On _ Hot Engme Water Leaks _ Sot Hard Brakes H'or Applied _ Loy GiL'OJ Leaks _ out to L1R — Light On. _ Starts Hard _ Dragging Brakes APpbc, _ No Power ?Erg. Ck. Light, _ Smt king Bus Stopped _ Smokes Emergency Stake — Light Not On _ Idles RougnN+Oralion _ Otter - elyfax, Brakes Appied. _ Exhaust, Vacuum Leaks Bus Movarg Fuel Leaks ^_PG /Gas rWE54yh1EELS _ Flat A! 6 HEA7IHG _ — OdtiEM - h Embedded Object _ OH TRANSUMS /0N _ Cut _ Too Coldhia _ Wont Go Into Gear _ Smooth'Corc _ Defroster Defeo _ Sfips'Grinos'Lurches ' Ri "RI RRO LRt ! R _ VentilMgn (Blowers) _ Excessive Nose _ Loose Missing Lugs _ Fumes _ Leaks _ Odw: exprasl _ Otter- explain _ Drive Line V+oratrcn LIGHis EHTRANCEEXIr DOORS — Rear End Noise Intent WINDOW $ STEER /NG ECencr _ slow _ Hard/Binds _ !xatipR. _ Inoperative _ Shimmy _ _ Leaks Air _ Excessive Pfay /NCLE CLEANLIHESS — Exces Play — Other - Other - evill Irtte!k)r — Emergency Releases R.FC7'R1CRL E- GtIfRMENr _ Generator ;saner F;" WHEELCHAIR L/Ff _ Turn Signals rtasners _ Windows _ Wit Not Fold Oul _ Horn Sea! Condition _ Will Not Lower/Raise _ Fare Box :xplatn:. _ No Rea'avx Do AJP _ InstrumenWGauges _ ! iP, Wii: Not =DIG Into — Fuel, Oil, Amp Meter Bus Seats — Hanoads _ Vooesry Panels 0 CUUY UAMAtit: Grcle a -a Gesuioe, any damage tD a bws nn dlacc_ >n: „: ironUrear and Mrc s+ae yews � � T T Descnptlon: — t _ Lt I Descript!on. _- jet Desch? ton v u it I Description . r. 1 IMPORTANT' Help expedite repairs ov provicina necessary information regarding defects' Please print REPAIRS MADE: ALL ITEMS COMPLETED - BUS SERVICED AND REL.E:2SEP, SUperv+SOr's Attachment • • 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 B. Check files and open workorders C. Interior s E. Underhood 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 16 IFirst aid kits 19 Emergency exits operation, warning devices and signs 20 Interior clean 21 1 Back up alarm E 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 ITire side wall condition, cracked wheels, valve stem 9 Valve stem cap, alignment of rear duels 9 Tread depth 11 LF RF LRO 12 LRI RRO RRI 10 Tire inflation: Record and inflate TT LF RF LRO 15 LRI RRO RRI E 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 TT Battery fluid level and mounting 15 Clean battery and connections 16 Drain fuel /water separator F. Under Bus 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 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 2 1 Tail pipe hangers 24 Lube entire chassis 25 Check drag link, tie rods and idler arms Attachment 2 0 • Inspection Senior Mobility P.M. Check List Q D. Brakes s ° D. Lift Inspection 1 Visible and audible leaks 2 Check all lines along chassis 3 Check brake booster and hoses 4 Hydraulic lines 5 Check micro switches and electrical wiring 6 Remove wheels and check the following items 5 Pads and rotors 6 Check pins and caliber's 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place H. Roadtest I. Note repairs needed Signature of Inspecting Mechanic 6,000 miles- inspectiontoil change 30,000 Transmission service 60,000 Differential service or a Y v 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 ILube complete lift 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place Signature of Supervisor 0 AGREEMENT NO. C -1 -2487 EXHIBIT B Senior Mobility Program Allocation OCTA FY 2010 -11 Transportation Development Act Article 4.5 Funds IN • , 194,204 Anaheim $ 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 GREEMENT NO. C -1 -2487 Senior Mvility Program Monthly Reportio Form EXHIBIT C Monthly Reporting E -Form OCTA Service for the Month /Years of: Program Name: City or Organization: Contact Person: Contact Number: 2DetalIS 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 OCTA Monthly Contribution Amount: City Monthly Contribution Amount: Total Operation Cost for Month: Source of City Contributions: "Please specify other trip types being provided to seniors in this space: Please provide the requested information and submit the completed term to OCTA. Attention'. Jessica DeakynteCommuno, Transponation Coordinator. by email to jdeakyne@ocht net or by FAX to (714)560 -5927. "'By the 15th day of the month following the reporting month"' Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form. Comments: TR -BO -086. doc (09118/06) Page I of I AGREEI6}ENT NO. C -1 -2487 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 Revised 03/03/2010 AGREEMENT NO. C -1 -2487 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. 03/03/2010