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13-0903_ORANGE COUNTY TRANSPORTATION AUTHORITY_Cooperative Agreement1 COOPERATIVE AGREEMENT NO. C-3-1866 2 BETWEEN 3 THE ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITY OF SAN JUAN CAPISTRANO 6 FOR 7 8 SENIOR MOBILITY PROGRAM THIS AGREEMENT is made and entered into this "'?J It 0 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 San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, 12 CA 92675 (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes 13 individually referred to as the "PARTY" and collectively as the "PARTIES." 14 RECITALS 15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of San 16 Juan Capistrano; 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 (hereinafter referred to as "Agreement") defines the 20 roles and responsibilities of AUTHORITY and CITY in executing a Senior Mobility Program for senior 21 transportation; and 22 WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange 23 County Local Transportation Authority Ordinance No. 3; 24 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 25 follows: 26 I Page 1 of 8 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 AGREEMENT NO. C-3-1866 ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the following guidelines: 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 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 for 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. 4. All active participants will receive their portion of funding on a bi-monthly basis. B. AUTHORITY agrees that Net Revenues allocated shall be expended or encumbered 26 within three years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AGREEMENT NO. C-3-1866 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. C. 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. D. 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 at a cost of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. ARTICLE 3. RESPONSIBILITIES OF CITY A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior transportation services that do not duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for this program. C. CITY agrees that Net Revenues allocated shall be expended or encumbered within 17 three (3) years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions 18 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. 19 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net 20 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to 21 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 22 any project within the same source program at the discretion of AUTHORITY. 23 E. CITY agrees to match twenty percent (20%) of the total annual formula allocation. 24 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions. 25 F. CITY may contract with a third-party service provider to provide senior transportation 26 services provided that: Page 3 of 8 AGREEMENT NO. C-3-1866 1 1. Contractor is selected using a competitive procurement process; and 2 2. Wheelchair accessible vehicles are available and used when requested. 3 G. CITY shall procure and maintain insurance coverage during the entire term of this 4 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 5 provide the following insurance coverage: 6 1. Commercial General Liability, to include Products/Completed Operations, 7 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 8 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 9 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 10 combined single limit of $1 ,000,000.00 each accident; 11 3. Workers' Compensation with limits as required by the State of California including a 12 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 13 agents; 14 4. Employers' Liability with minimum limits of $1 ,000,000.00; and 15 H. Proof of such coverage, in the form of an insurance company issued policy 16 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 17 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 18 ( 1 0) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 19 employees and agents designated as additional insured on the general and automobile liability. Such 20 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 21 AUTHORITY. 22 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 23 Number C-3-1866; and, the Senior Contract Administrator's Name, Sue Ding. 24 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 25 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 26 specified in Exhibit B "Senior Mobility Program Monthly Reporting Form," included in this Agreement, Page 4 of 8 AGREEMENT NO. C-3-1866 1 which is incorporated into and made part of this Agreement. 2 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 3 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 4 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 5 jurisdiction's fiscal year and include the following: 6 1. All Net Revenue fund balances and interest earned. 7 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 8 program or project. 9 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 10 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 11 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 12 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 13 calendar days from taking possession of the vehicle. 14 ARTICLE 4. TERM OF AGREEMENT 15 This Agreement shall commence on July 1, 2013 and shall continue in full force and effect 16 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 17 AUTHORITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 18 I 19 I 20 I 21 I 22 23 I 24 I 25 I 26 I Page 5 of 8 AGREEMENT NO. C-3-1866 1 ARTICLE 5. NOTICES 2 All Notices pertaining to this Agreement and any communications from the PARTIES may be 3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered 4 or certified mail, return receipt requested, postage prepaid and addressed as follows: 5 6 7 8 9 10 11 12 To CITY: The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Karen P. Brust City Manager Tel: (949) 425-2552 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 ATTENTION: Sue Ding Sr. Contract Administrator Tel: (714) 560-5631 13 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS 14 AUTHORITY and CITY agree that in performance of their obligations under this Agreement, 15 they shall comply with all applicable federal, California state and local laws, statutes and ordinances 16 and all lawful orders, rules and regulations promulgated thereunder. 17 ARTICLE 7. ORDER OF PRECEDENCE 18 Conflicting provisions hereof, if any, shall prevail in the following descending order of 19 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, 20 cited herein or incorporated by reference. 21 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS 22 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's 23 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY 24 shall maintain such books, records, data and documents in accordance with generally accepted 25 accounting principles and shall clearly identify and make such items readily accessible to such parties 26 during CITY's performance hereunder and for a period of four (4) years from the date of final payment Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AGREEMENT NO. C-3-1866 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. ARTICLE 9. TERMINATION AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in advance of the specified date of termination. ARTICLE 10. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Cooperative Agreement . B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full indemnification of AUTHORITY. C. As a funding source, the AUTHORITY shall not be liable for any claims or losses 18 arising from CITY as a result of using the fund. 19 ARTICLE 11. ALCOHOL AND DRUG POLICY 20 A. CITY agrees to establish and implement an alcohol and drug program that complies with 21 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this 22 Agreement as Exhibit C. CITY agrees to produce any documentation necessary to establish its 23 compliance with sections 701-707. 24 B. Failure to comply with this Article may result in nonpayment or termination of this 25 Agreement. 26 Page 7 of 8 AGREEMENT NO. C-3-1866 1 ARTICLE 12. FORCE MAJEURE 2 Either PARTY shall be excused from performing its obligations under this Agreement during 3 the time and extent that it is prevented from performing by a cause beyond its control, including, but 4 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 5 or facilities by the federal state or local government; national fuel shortage; or a material act of 6 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 7 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 8 not due to the fault or negligence of the PARTY not performing. 9 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 10 July 1, 2013. 11 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 12 C-3-1866 to be executed on the date first above written. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE CITY OF SAN JUAN CAPISTRANO :ZJJifi!/RM Hans Van[1ghten City Attorney ORANGE COUNTY TRANSPORTATION AUTHORITY By ~Li~b Carolina Coppolo J Manager, Contracts and Procurement APPROVED AS TO FORM: Kennard R. Smart, Jr. General Counsel Page 8 of 8 EXHIBIT A SCOPE OF WORK City of San Juan Capistrano Senior Mobility Program AGREEMENT NO. C-3-1866 1. The City of San Juan Capistrano (CITY) shall utilize funding provided by the Orange County Transportation Authority (OCTA) and its local match to provide the following: • Type of Service: No Cost Transportation for San Juan Capistrano residents who are 55 years of age or older. • Days/Hours of Service: Monday through Friday 8:30a.m. to 4:30p.m. with the exception of holidays and Community Center closures. • Provide Transportation to and from the San Juan Capistrano Community Center located at 25925 Camino Del Avion for programs, classes, special events and senior services. 2. CITY shall follow competitive procurement practices in the selection of vendors for all services which it does not provide using its own workforce. Any Request for Proposals (RFP) for service shall specify the use of vehicles meeting ADA accessibility standards. 3. CITY may wish to obtain a donated retirement-eligible OCTA ACCESS vehicle for the provision of Senior Mobility Program (SMP) services. CITY understands it may purchase additional vehicles at a cost of $5,000 per vehicle. 4. CITY shall perform, or ensure that a contracted vendor performs maintenance of all vehicles used in the SMP, including, at a minimum: • Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the attached Pre-Operation Inspection & Defect Report (Attachment 1 ). • Scheduled preventative maintenance that meets or exceeds the guidelines provided in the Senior Mobility PM checklist. This includes the maintenance of all accessibility features of the vehicles and the PM Transmission Check List (Attachment 2). 5. CITY shall maintain maintenance records for each OCT A-provided vehicle for five (5) years and shall cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 6. CITY shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 1 AGREEMENT NO. C-3-1866 7. CITY shall submit a monthly report to OCT A's Community Transportation Services which includes, at a minimum, a monthly summary of service and expenditures, as illustrated in Exhibit B. 8. CITY shall participate in OCTA marketing and outreach efforts to encourage use of fixed-route transit service by older adults. 9. CITY shall note OCTA sponsorship in any promotional material for service funded under this agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this program (excluding taxis). 10. CITY shall ensure that it maintains adequate oversight and control over all aspects of service that are provided by a contracted vendor. 11. CITY shall participate in the annual National Transit Data Base (NTD) reporting process, if required. 2 Attachment 1 Pre-Operation Inspection & Defect Report BusNan No. ____ _ Date: _____ _ Federal Regulations slate that no motor vehicle carrying passengers for hire shaH be driven unless the driver has detemined that the folowing parts and accessories arfl in good working order. Each driver is required to subm.1 a signed written report daiy for each coach driven. 1st Driver: Miles Finish: Miles Start: Miles Elapsed: No Defects: 0 Defects: 0 Signature: 2nd Driver: Miles Finish: Miles Start Miles Elapsed: No Defects: 0 Defects: 0 Signature: 3rd Driver. Miles Finish:___ Miles Start: ___ _ Mi!es Elapsed---- No Defects: 0 Defects: 0 Signature: PREOPERATIONS INSPECTIONS Indicate with an (x) that each item has been checked: AMIPM AWPM _/_ Tires/lug Nuts (wheels & rims) -'-Emergency Reflectors _/_ Motor-Guard _! _ Tum Signal Switch/Hom _,_ Air System -'-First Aid Kit -'-Lights/Reflectors _/_ Radio _ ,_ Wheelchair Lirts _, _ Driver's Seat/Be~ -'-Wheelchair lirt Cover -'-Doer Interlock _/_ Mirrors _,_ W/C Tie Down Straps -'-Windshield Wipers/Washers -'-Manual lin Bar -'-Fire Extinguisher _,_ Conduct Walk Around -'-Steering Mechanism _I_ Parl<ing/Brakes/Service Brakes DEFECTS: Indicate with an (X) defective items only: {Explain In Detail) 8RAKES RETARDER ~ Brake Fluid Leaks _ Light On: _ Hot Enginei\Na!er Leaks Son/Hard Brakes Not Applied _ Low OiVOil Leaks Pull to UR _ Light On: Starts Hard _Dragging Brakes Applied, _No Power/Eng. Ck. Light _ Smoking Bus Stopped Smokes _ Emergency Brake _ Ugh! Not On: _ Idles Rough/Vibration _ O!her-explain Brakes Applied. _ Exhaust. Vacuum Leaks nReSIWHEELS Flat _ Embedded Object Cut Smooth/Cord Lf Rf RRI RRO LRI LRO _ Loose Missing Lugs 001er -expbin Interior Exterior Location: ___ _ VEHICLE CLEANLINESS Interior Exterior Floor WiruktNS _ Seat Condition :.xp!ain: ____ _ Bus Mov'.ng Fuel Leaks/LPG/Gas AIC &. HEA nNG -Other -explai:1 Off TRANSMISSION Too Cold/Hot Won't Go Into Gear Defroster Defect _ Slips!Grinds/Lurches _Ventilation (Blowers) Excessive Norse Fumes Leaks _ Other-expla.1l Drive Line Vibration ENTRANCE/EXIT ODORS! _ Rear Er.d Noise WINDOWS STeERING Slow Hard/Binds _ Inoperative _ Shimmy Leaks Air _ Excessive Play _ Excessive Play _ Other -e:.cp~a.n -Other-ex;Xain aECTR1CAI.. EOUIPMENT _ Emergency Releases WHEELCHAIR LIFT Witl Not Fold Out Generator/Starter _ Tum Signals/Flashers HCY.n Will Not Lower/RaJSe Fare Box _No Restrajnt ()co.oynllJp _ lnstruments!Gauges _Lift Will Not Fold Into _ Fuel. Oil. Amp Meter Bus Seats Handrai~s _ Modesty Panels !:5ULJY IJAMAGt.: C•rcle and describe any damage to a bus on d1agram of front/rear and two s1de v1ews DescriptiOn: Description: Description: Descnption: OPERATOR(S): IMPORT ANTI Help expedite repairs by providing necessary information regarding defects1 Please print. REPAIRS MADE: ALL ITEMS COMPLETED-BUS SERVICED AND RELEASED: Supervisor's Signature Date Attachment 2 Inspection s en1or M b·rt PM Ch 0 I I :V . . ec k L. t IS 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 0 E Underhood 0 !!! 1 Entry door operation and seals 1 Check for visible leakage 2 Temperature and oil warning devices 2 Engine oil level 3 Neutral safety system 3 Transmission fluid level and condition 4 Horn, gauges and dash lights 4 Brake fluid 5 Heater, defroster and fan 5 Power steering fluid 6 Windshield wipers and washer 6 Check all belts 7 Indicator lights 7 Component and accessory mounting 8 Throttle operation 8 Check all hoses and routing 9 Steering free play ln. 9 Coolant level and protection elf ph 10 Applied and unapplied brake test for vacum loss 10 Pressure test cooling system 11 Interior lights 11 Water pump and fan clutch play 12 Windshield and window glass condition 12 Air filter condition -check restriction gauge 13 Window mechanism and seals 13 Check exhaust system 14 Seat condition 14 Battery fluid level and mounting 15 Interior body, floor and stantions 15 Clean battery and connections 16 Fire extinguisher date and bracket 16 Drain fuel/water separator 17 Road warning devices 18 First aid kits 19 Emergency exits operation, warning devices and signs F Under Bus 0 ~ 20 Interior clean 1 Kingpin and wheel bearing play 21 Back up alarm 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 D Exterior 0 10 Transmission mounted parking brake 1 All exterior lights and signals 11 Transmission leaks 2 Mirror condition and mounting 12 Output shaft play 3 Record body damage 13 Driveshaft guard, U joints and retarder 4 Bumper bolts 14 Body hold downs and insulators 5 Paint lettering and appearance 15 Wiring along frame 6 Emergency exits 16 Differential leaks, fluid level 7 Axle flange and lug nuts, oil hubs 17 Pinion play 8 Tire side wall condition, cracked wheels, valve stem 18 Breather vent Valve stem cap, alignment of rear duels 19 Rear shocks and mounting 9 Tread depth 20 Rear springs, bushings and U bolts LF RF LRO 21 Leakage at backing plates and wheel seals LRI RRO RRI 22 Fuel tank straps and lines 10 Tire inflation: Record and inflate 23 Tail pipe hangers LF RF LRO 24 Lube entire chassis LRI RRO RRI 25 Check drag link, tie rods and idler arms Attachment 2 Inspection Senior Mobility P.M. Check List G Brakes 1 Visible and audible leaks 2 Check all lines along chassis 3 Check brake booster and hoses 4 Hydraulic lines Remove wheels and check the following items 5 Pads and rotors 6 Check pins and caliber's I. Roadtest J. Note repairs needed Signature of Inspecting Mechanic 6,000 miles-inspection/oil change 30,000 Transmission service 60,000 Differential service & ~ a. ~ Q) n .... H Lift Inspection 1 Check lift for proper operations 2 Inspect for stress, cracks, mounting and alignment 3 Check pins 4 Check the complete hydraulic system 5 Check micro switches and electrical wiring 6 Check all system covers and warning signs 7 Check safety barrier 8 Lube complete lift 9 Check wheelchair securements, proper amount and operation 10 Lift door warning device 11 Lift cover in place Signature of Supervisor _0 .... Attachment 2 Date Bus# Senior Mobility P.M. Check List Terminal Workorder# Current Mileage Transmission Service Last Trans Service Miles Between c. l!: 1 Visual ok ~ a. Check for oil leaks b. Check all Transmission mechanical controls for wear, operation and adjustment c. Check neutral safety switch d. Check fluid level and condition e. Check modular cable f. Check cooler lines for leaks, cracks, restrictions g. Check trans mounts c. ~ 2 Service ok ~ a. Drain fluid b. Drain converter if applicable c. Change internal filter ( report metal found in pan ) d. Change external filter e. Clean vent f. Install boots on linkage 3 For electrical controlled trans missions check the following ok :if ~ a. Check all wiring for chaffing and connections b. Check operation of overdrive light c. Scan system with pro link and record fault codes. d. List codes prior to repairs. c. ~ 4 Operation ok ¥ a. Road test vehicle and cycle test b. Check automatic up and down shift c. Check manual up and down shifts d. Check lockup 5 List repairs needed Signature of mechanic Signature of supervisor m Senior Mobility Program Monthly Reporting Form Monthly Reporting E-Form EXHIBIT .B OCTA Service for the MonthrYears of: Program Name: City or Organization: Contact Person: Contact Number: ··;·. ~-~ -:. .. ·.:. Trip Category Nutrition Trips: Medical trips: Shopping trips: Other trips: L .: -·-····· .El One-Way Passenger Trip ·--.. :· ... a Vehicle Service Hours Vehicle Service Miles (Please specify trip type below") ·.···: · ..... Totals; OCTA Monthly Contribution Amount: II City Monthly Contribution Amount: II Total Operation Cost for Month: II Source of City Contributions: II -Please Sfl.Ocify other trip types being provided to sonlors In this spaca: Ploaso P"'vido lho roquuslod lnlormoUon and subrrlllllo compleled ronn lo OCTA At!on~'on: Jcs.slco Ooekyno/Communlty Tran•por18Uon Cocrdlna1DI, by omal\o jdoa~ynogoclD.nO\ or bY FM to (714)560-5927. '''By tho 16th day ollho month following the reporting month"' Please contact Jessica Deakyne at (714) 560-5802 if you have any questions or roqulre assistance with tho completion of this tonn. Comments: TR-Il0-066.doc (09/16106) Pago1 oil --National Drug-Free Workplace Alliance DRUG-FREE WORKPLACE ACT OF 1988 THE FEDERAL LAW EXHIBIT C 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 a// organizations receiving federal grants, regardless of amount granted, maintain a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above-described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised: 03103/2010 EXHIBIT C Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee'$. 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 (1 0) 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 of2 Revised: 031031201 0 TO: FROM: DATE: SUBJECT: '-w-~o Ul (.1() • )(> City of San Juan Capistrano Agenda eport August 20, 2013 8/20/2013 018 Consideration of a Cooperative Agreement to Receive Measure M (M-2) Funds and Enter Into an Agreement with the Orange County Transportation Authority (OCTA) and Age Well Senior Services to Participate in the Senior Mobility Transportation Program RECOMMENDATION: By motion, 1. Approve Cooperative Agreement with the Orange County Transportation Authority (OCTA) to participate in the Senior Mobility Program (SMP) and receive renewed Measure M (M2) funds; and 2. Approve a three (3) year Agreement with one five (5) year extension option with Age Well Senior Services to continue providing transportation services for the senior nutrition program at the Community Center along with expanded services to the Community Center for the nutrition program, services, classes, presentations and all special events in the amount of $50,968.75 per year for a total of $152,906.25; and 3. Increase the General Fund revenues by $40,775 and General Fund expenditures by $43,988.75; and 4. Authorize a transfer of $3,213.75 to the General Fund from the Air Quality Management District Fund (AQMD). EXECUTIVE SUMMARY: The Orange County Transportation Authority (OCTA) administers a Senior Mobility Program (SMP) that provides operating funds to Orange County cities for local senior transportation services. Funding for the program comes from the Measure M (M2) Orange County one-half (%) cent transportation sales tax measure. The City of San Juan Capistrano is eligible to receive an estimated $40,775 for the Fiscal Year City Council Agenda ReJ.;-.~1t August 20, 2013 Page 2 of 3 2013/2014. The OCTA requires that participating agencies provide matching funds of twenty percent (20%) of the total operating costs of the Senior Mobility Program Project. OCTA estimates San Juan Capistrano's twenty percent (20%) match would be $10,193.75 bringing the total funds available for senior transportation services to $50,968.75. The City currently has $6,980.00 budgeted for senior transportation services. The remaining $3,213.75 would be funded from the City's Air Quality Management District Fund. DISCUSSION/ANALYSIS: Currently, 26 cities participate in this voluntary program with other cities anticipated to join. The Orange County Transportation Authority (OCTA) allocates Senior Mobility (SMP) funds to cities based on its overall percent(%) of the senior population in Orange County (Attachment 1). Local jurisdictions have broad discretion as to how the Senior Mobility Program operates when providing senior transportation services. Agencies must meet the following criteria: • Minimum age for the SMP is 60 years of age. • The services offered cannot duplicate the OCT A's existing service. • Contracted transportation services must be awarded through a competitive procurement process subject to approval through Orange County Transportation Authority; however, "Age Well" Senior Services was selected via competitive procurement by the County of Orange and OCTA accepts that procurement since they provide transportation services to the Community Center where nutrition services are provided. • Accessible service must be available for individuals using mobility devices. The OCTA Senior Mobility Agreement (Attachment 2) is a long-term agreement of eight (8) years. The first Agreement will expire on 6/30/16, but can be extended by OCTA for an additional five (5) years. The City currently provides services for senior transportation to the Community Center for the Senior Nutrition Program through Age Well at no cost to seniors. The City will enter into an agreement with Age Well to offer expanded services to the Community Center, not currently provided (Attachment 3). FISCAL IMPACT: The SMP with OCTA and contract with "Age Well" Senior Services provides an enhanced senior transportation program for the annual cost of $50,968.75 for the Fiscal Year 2013/2014 and $152,906.25 for the following two (2) years. The grant from OCTA will provide 80% of the program's funding ($40,775) and the City will be required to provide 20% of the program's funding ($10,193.75). The City's General Fund Budget for the Fiscal Year 2013-2014 includes $6,980.00 from the senior transportation budget. Staff is recommending that the difference of $3,213.75 be funded from the available fund balance in the City's Air Quality Management District (AQMD) Fund (Fund 31). As City Council Agenda ReJ...,,t August 20, 2013 Page 3 of 3 part of the next two-year budget process, staff will propose AQMD match funding for the subsequent two (2) years of the agreement. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On April 15, 2013, the Parks, Recreation and Senior Services Commission approved to recommend to the City Council applying and entering into an Agreement with the OCTA to participate in the SMP and receive renewed Measure M (M2) funds and, recommended the City Council approve entering into an Agreement with Age Well Senior Services to continue providing transportation services for the senior nutrition program at the Community Center along with expanded services to the Community Center. NOTIFICATION: Jessica Deakyne, Orange County Transportation Authority Community Transportation Coordinator Dan Palumbo, Age Well Senior Services Chief Operating Officer ATTACHMENT(S): Attachment 1 -SMP Funding Allocation Attachment 2-Cooperative Agreement Attachment 3-Agreement with Age Well Senior Services, Inc. m SMP Funding Allocation OCTA Allocation Based Upon Senior Population (60+) and Available Revenues gffi' -y~·~:s ~~~·-~::·;·>r:l"::"~;;::-r-'::~" .;. ('·-· -.-.. ~--·-:. :;:----~., .. "'""'f; ··-,-c:;:r;crtl C!.CC!L!Pfl n1J11l!!Y . ...:L ----"~~· __ ~--_,.,A ___ ""'--.. . •. . . . . .::.-".J.------•. -~ , M2 Funding Local Jurisdictions 2014 Aliso Viejo ~ 22,075 Al'i~hatiT) ~ii9;Q7~ Brea 37,530 B~.naPark 64,~_39 Costa Mesa 77~035 :c:.-r.ri~s .YJL .. 4?_.j'~5 Dana Point 43,688 FdiJqt&fn valley 70.480 Fullerton 115,239 --, . . Ga~n·Grove 1'37,974 1-l~!'_ltington ~each 204,212 I !Ville 1'48,7.53 La Habra 46,392 La Palma 18,239. La~u!la Beach 33,324 :t.agu11a Hills 31,09S lag_una Nig':'el 65,449 La.Q.41lB Woods 76;Qp7 Lake Forest 59,263 Lqa.AJamllos 11,374 -Mls~lon Viejo 102,609 Newport Beach 1161776 Orange 110,914 Plaeenua 47;755 Rancho Santa Margarita 23,529 ~~i!_n Glemente 63;91:12 San Juan Capistrano 40,775 Sahta.Ana 170,117 Seal Beach 59,226 S~anton 28,454 Tustin 49,620 VIDa Park 9;754 Westminster 92,841 Yorba Linda 63,002 Other County 75,789 Total s 2.604,329 lease Year 2013 ATTACHMENT 1 U :\M2\Project U\Senlor Mobility Program\2013\SMP Forecast_2013 _1_21_13.xlsx 1 Year Summary 1 of 1 1/21/2013 5:24PM 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 COOPERATIVE AGREEMENT NO. C-3-1866 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO FOR SENIOR MOBILITY PROGRAM THIS AGREEMENT is made and entered into this ____ day of _______ , 2013 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the state of California (hereinafter referred to as "AUTHORITY"), and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 (hereinafter referred to as "CITY"). Herein, AUTHORITY and CITY are sometimes individually referred to as the "PARTY" and collectively as the "PARTIES." RECITALS WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of San Juan Capistrano; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, this Cooperative Agreement (hereinafter referred to as "Agreement") defines the roles and responsibilities of AUTHORITY and CITY in executing a Senior Mobility Program for senior transportation; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: I Attachment 2 Page 1 of 8 AGREEMENT NO. C-3-1866 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 25 basis. B. AUTHORITY agrees that Net Revenues allocated shall be expended or encumbered 26 within three years of receipt. AUTHORITY may grant an extension to the three-year limit, but extensions Page 2 of 8 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 AGREEMENTNO. C~~866 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. C. 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. D. 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 at a cost of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability. ARTICLE 3. RESPONSIBILITIES OF CITY A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior transportation services that do not duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work." B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for this program. C. CITY agrees that Net Revenues allocated shall be expended or encumbered 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, 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. 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: Page 3 of 8 AGREEMENT NO. C-3-1866 1 2 3 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 4 Agreement. Coverage shall be full coverage or subject to self-insurance provisions. CITY shall 5 provide the following insurance coverage: 6 1. Commercial General Liability, to include Products/Completed Operations, 7 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of 8 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 9 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a 10 combined single limit of $1,000,000.00 each accident; 11 3. Workers' Compensation with limits as required by the State of California including a 12 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or 13 agents; 14 4. Employers' Liability with minimum limits of $1 ,000,000.00; and 15 H. Proof of such coverage, in the form of an insurance Gompany issued policy 16 endorsement and a broker-issued insurance certificate, must be received by AUTHORITY prior to 17 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten 18 (1 0) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, 19 employees and agents designated as additional insured on the general and automobile liability. Such 20 insurance shall be primary and non-contributive to any insurance or self-insurance maintained by 21 AUTHORITY. 22 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement 23 Number C-3-1866; and, the Senior Contract Administrator's Name, Sue Ding. 24 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior 25 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as 26 specified in Exhibit B "Senior Mobility Program Monthly Reporting Form," included in this Agreement, Page 4 of 8 AGREEMENT NO. C-3-1866 1 which is incorporated into and made part of this Agreement. 2 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and 3 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. 4 The Expenditure Report shall be submitted by the end of six (6) months following the end of the 5 jurisdiction's fiscal year and include the following: 6 1. All Net Revenue fund balances and interest earned. 7 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 8 program or project. 9 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program 10 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days 11 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY 12 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) 13 calendar days from taking possession of the vehicle. 14 ARTICLE 4. TERM OF AGREEMENT 15 This Agreement shall commence on July 1, 2013 and shall continue in full force and effect 16 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement. 17 AUTHORITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021. 18 I 19 20 I 21 22 I 23 I 24 I 25 I 26 I Page 5 of 8 AGREEMENT NO. C-3-1866 1 ARTICLE 5. NOTICES 2 All Notices pertaining to this Agreement and any communications from the PARTIES may be 3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered 4 or certified mail, return receipt requested, postage prepaid and addressed as follows: 5 To CITY: To AUTHORITY: 6 7 8 9 10 11 12 The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Karen P. Brust City Manager Tel: (949) 425-2552 Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 ATTENTION: Sue Ding Sr. Contract Administrator Tel: (714) 560-5631 13 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS 14 AUTHORITY and CITY agree that in performance of their obligations under this Agreement, 15 they shall comply with all applicable federal, California state and local laws, statutes and ordinances 16 and all lawful orders, rules and regulations promulgated thereunder. 17 ARTICLE 7. ORDER OF PRECEDENCE 18 Conflicting provisions hereof, if any, shall prevail in the following descending order of 19 precedence: ( 1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, 20 cited herein or incorporated by reference. 21 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS 22 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's 23 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY 24 shall maintain such books, records, data and documents in accordance with generally accepted 25 accounting principles and shall clearly identify and make such items readily accessible to such parties 26 during CITY's performance hereunder and for a period of four (4) years from the date of final payment Page 6 of8 AGREEMENT NO. C-3-1866 1 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also 2 extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce 3 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 4 ARTICLE 9. TERMINATION 5 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in 6 whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in 7 advance of the specified date of termination. 8 ARTICLE 10.1NDEMNIFICATION 9 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and 11 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 12 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful 13 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in 14 connection with or arising out of the performance of this Cooperative Agreement. 15 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full 16 indemnification of AUTHORITY. 17 C. As a funding source, the AUTHORITY shall not be reliable for any claims or losses 18 arising from CITY as a result of using the fund. 19 ARTICLE 11. ALCOHOL AND DRUG POLICY 20 A. CITY agrees to establish and implement an alcohol and drug program that complies with 21 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this 22 Agreement as Exhibit C. CITY agrees to produce any documentation necessary to establish its 23 compliance with sections 701-707. 24 B. Failure to comply with this Article may result in nonpayment or termination of this 25 Agreement. 26 I Page 7 of 8 AGREEMENT NO. C-3-1866 1 ARTICLE 12. FORCE MAJEURE 2 Either PARTY shall be excused from performing its obligations under this Agreement during 3 the time and extent that it is prevented from performing by a cause beyond its control, including, but 4 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants 5 or facilities by the federal state or local government; national fuel shortage; or a material act of 6 omission by the other PARTY; when satisfactory evidence of such cause is presented to the other 7 PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is 8 not due to the fault or negligence of the PARTY not performing. 9 Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on 10 July 1, 2013. 11 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 12 C-3-1866 to be executed on the date first above written. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE CITY OF SAN JUAN CAPISTRANO By __________________________ ___ John Taylor Mayor ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: By __________________________ ___ Hans Vanlighten City Attorney • ORANGE COUNTY TRANSPORTATION AUTHORITY By ----------------------------- Carolina Coppolo Manager, Contracts and Procurement APPROVED AS TO FORM: By ---------------------------- Kennard R. Smart, Jr. General Counsel Page 8 of 8 EXHIBIT A SCOPE OF WORK City of San Juan Capistrano Senior Mobility Program AGREEMENT NO. C-3-1866 1. The City of San Juan Capistrano (CITY) shall utilize funding provided by the Orange County Transportation Authority (OCTA} and its local match to provide the following: • Type of Service: No Cost Transportation for San Juan Capistrano residents who are 55 years of age or older. • Days/Hours of Service: Monday through Friday 8:30a.m. to 4:30p.m. with the exception of holidays and Community Center closures. • Provide Transportation to and from the San Juan Capistrano Community Center located at 25925 Camino Del Avian for_programs, classes, special events and senior services. 2. CITY shall follow competitive procurement practices in the selection of vendors for all services which it does not provide using its own workforce. Any Request for Proposals (RFP) for service shall specify the use of vehicles meeting ADA accessibility standards. 3. CITY may wish to obtain a donated retirement-eligible OCTA ACCESS vehicle for the provision of Senior Mobility Program (SMP) services. CITY understands it may purchase additional vehicles at a cost of $5,000 per vehicle. 4. CITY shall perform, or ensure that a contracted vendor performs maintenance of all vehicles used in the SMP, including, at a minimum: • Daily Pre-Operation Inspections that meet or exceed the guidelines provided in the attached Pre-Operation Inspection & Defect Report (Attachment 1 ). • Scheduled preventative maintenance that meets or exceeds the guidelines provided in the Senior Mobility PM checklist. This includes the maintenance of all accessibility features of the vehicles and the PM Transmission Check List (Attachment 2). 5. CITY shall maintain maintenance records for each OCT A-provided vehicle for five (5) years and shall cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 6. CITY shall ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform their duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. 1 AGREEMENT NO. C-3-1866 7. CITY shall submit a monthly report to OCT A's Community Transportation SeNices which includes, at a minimum, a monthly summary of service and expenditures, as illustrated in Exhibit B. 8. CITY shall participate in OCTA marketing and outreach efforts to encourage use of fixed-route transit service by older adults. 9. CITY shall note OCTA sponsorship in any promotional material for seNice funded under this agreement and shall display the OCTA Senior Wheels program logo on vehicles used in this program (excluding taxis). 10. CITY shall ensure that it maintains adequate oversight and control over all aspects of seNice that are provided by a contracted vendor. 11. CITY shall participate in the anl]ual National Transit Data Base (NTD) reporting process, if required. 2 CITY OF SAN JUAN CAPISTRANO AGREEMENT WITH AGE WELL SENIOR SERVICES, INC. FOR SERVICES OVER $30,000 (Insurance Required) THIS AGREEMENT, is made and effective as of July 1, 2013, between the City of San Juan Capistrano, a municipal corporation ("City") and Age Well Senior Services, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. Such terms maybe extended for up to five ( 5) additional years upon written agreement of both parties to this Agreement. 2. SERVICES. Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor represents to the City that it has the qualifications necessary to perform the tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor reserves the right to subcontract transportation services as necessary. 4. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payments as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed fifty thousand nine hundred sixty-eight dollars and seventy-five cents ($50,968.75) from July 1, 2013 through June 30, 2014 and fifty thousand nine hundred sixty-eight dollars and seventy-five cents ($50,968. 75) annually through June 30, 2016 for a total of one hundred fifty-two thousand nine hundred six dollars and twenty-five cents ($152,906.25) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Any terms or conditions set forth on Exhibit A which do not describe the work to be performed, the payment rates and terms, or the payment schedule have not been agreed to by the City and shall not be deemed a part of this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council or, if pursuant to its authority, the City Manager, or his or her designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager or the City's ATTACHMENT 3 representative and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. d. Notwithstanding the above provisions, Contractor shall not be paid for any work performed until it has submitted to the City a fully completed and executed Internal Revenue Service Form W -9. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice of termination. City shall not be obligated to explain its reasons for termination. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. Age Well Senior Services, may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, upon written notice by Age Well Senior Services, to the City at least thirty (30) days prior to the written notice of termination. c. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of tennination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his or her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (1 0) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, vehicle maintenance and repair records, 2 and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four ( 4) years after receipt of final payment. 8. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, officials, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. a. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. b. Contractor agrees to provide insurance in accordance with the requirements set forth in Exhibit B. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. 10. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way 3 affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: To Contractor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: City Manager Age Well Senior Service, Inc. 24300 El Toro Road, A-2000 Laguna Woods, CA 92637 Attention: Chief Operating Officer 14. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Age Well Senior Services, Inc.:. shall perform the services described in this Agreement. Age Well Senior Services, Inc. may use contractors, under their direct supervision, to perform some of the 4 services under this Agreement. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 17. LITIGATION. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of San Juan Capistrano. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR CITY OF SAN JUAN CAPISTRANO Attest: ~~ f-7-/.3 By: Daniel C. Palumbo Date City Clerk Date Title: COO Approved As to Form: 6 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT 1. City entered into that certain cooperative agreement with Orange County Transportation Authority ("OCT A") for the Senior Mobility Program to provide certain senior transportation services. 2. City desires to use the services of Contractor to provide senior transportation services to be funded by the agreement between the City and. OCT A. 3. Taxi Program: Taxi services to and from the San Juan Capistrano Community Center for the nutrition program and other programs, Monday through Friday. Taxi services shall be provided through a subcontract between Contactor and California Yell ow Cab Company. Age Well Senior Services may also provide trips utilizing Age Well Senior Services drivers and vehicles. Wheelchair accessible vehicles must be available at all times. 4. Trip Rate. The trip rate for senior transportation services shall be $12 per one-way trip for the period of July 1, 2013 through June 30, 2014. The trip rate will be $12.36 from July 1, 2014 through June 30, 2015 and $12.73 from July 1, 2015 through June 30, 2016. 5. Contractor agrees to perform the services for City in a manner satisfactory to City. 6. Survey: Transportation services and demand will be assessed regularly to ensure the mobility needs of the residents are met and the program is operating efficiently. Survey results will be used to evaluate whether the transportation program is adequate or needs revision. 7 EXHIBIT B INSURANCE REQUIREMENTS The following coverages will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein. Commercial General Liability/Umbrella. Primary insurance shall be provided on ISO- COL form No. CG 00 01 11 85 or 88 or equivalent form, as determined by Risk Management staff. Total limits shall be no less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. City and its employees and agents shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85, or equivalent form, as determined by Risk Management staff (in no event will City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (if necessary to meet limits requirements) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self- insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than $1,000,000.00 per accident. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Workers' Compensation/Employer's Liability shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respect to the City, its employees or agents. Professional Liability Insurance. Coverage shall be written on a policy form that provides professional liability insurance, errors and omissions or equivalent coverage appropriate to the Contractor's occupation or service. The policy limit shall be no less than $2,000,000.00 per claim and in the aggregate. Contractor and City further agree as follows: 1. This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 2. Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are 8 intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement. 6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City. 7. Unless otherwise approved by City, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "A:VII+." Self-insurance will not be considered to comply with these insurance specifications. 8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor. 9. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability and umbrella liability policies (if any) using ISO form CG 20 10 11 85 or equivalent form, as determined by Risk Management staff. Contractor shall also provide a waiver of subrogation endorsement to Contractor's workers' compensation policy applicable to the City. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage and all policies must be endorsed accordingly. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation and to delete the word "endeavor" with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City upon request. 1 0. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 9 11. Contractor's insurance presented in compliance with these specifications shall not include self-insured retentions or deductibles unless declared to the City and approved by the City Manager. The City may require evidence of financial security if deductibles or self-insured are part of the Contractor's liability program. 12. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement or to inform Contractor of noncompliance with any insurance requirements in no way waives any right or remedy of City or any additional insured, in this or any other regard. 13. Contractor agrees to require all subContractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subContractor or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this agreement. Contractor agrees that upon request all agreements with subContractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Failure of City to request copies of such agreement will not impose any liability on City, or its employees. 14. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. 15. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 16. It is agreed that insurance provided pursuant to these requirements will not be limited to coverage for the vicarious liability or supervisory role of any additional insured. All insurance coverage and limits provided are intended to apply to the full extent of the policies. Nothing contained in this agreement limits the application of such insurance coverage. 10 Client#· 7b r96 v A GEWELL ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 8/02/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORAL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to ·the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(&). PRODUCER ~~~"' Ray Thrall USI of Southern California SC ll)gN.fo Extl: 949 790-9423 I r~. Nol: 484 652-5069 Lie # 0351162 i~~ss: raymond.thrall@usi.biz 29A Technology Drive INSURER($) AFFORDING COVERAGE NAICII Irvine, CA 92618 INSURER A, Philadelphia Indemnity Ins 18058 INSURED INSURER B, Non Profits' United 36684 Age Well Senior Services INSURERC: 24300 El Toro Road, Bldg. A, Suite 2000 INSURERD: Laguna Woods, CA 92637 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~R TYPE OF INSURANCE A ~NERAL LIABILITY X ~COMMERCIAL GENERAL LIABILITY ~ CLAIMS-MADE ~ OCCUR r-- r------------------------- r---------------------- ~·L AGGRE~E ~~~ AP~S PER: I I POLICY I I JECT I I LOC 8 AUTOMOBILE UABIUTY I--X ANYAUTO I--ALL OWNED 1---AUTOS r--! HIRED AUTOS r---SCHEDULED AUTOS I--X NON-OWNED r---AUTOS A X UMBRELLA UAB llLJ OCCUR r---=-" EXCESS LIAB I I CLAIMS-MADE OED J XI RETENTION$1()_,000 8 WORKERS COMPENSATION X PHPK1038863 1096 PHUB425403 NPUWCG0012013 AND EMPLOYERS" LIABILITY y 1 N ANY PROPRIETORIPARTNERIEXECUTIVEr;;-J OFFICER/MEMBER EXCLUDED? L_fu N I A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below A D&O Empl. Pract. Liab PHSD854633 PHSD854633 07/01/2013 07/01/2014 EACH OCCURRENCE $1,000 000 ~~~H?E~~EJ:.ncel $100,000 MED EXP (Any one peoson) $5,000 PERSONAL & ADV INJURY $1 ,000 000 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ 07/01/2013 07/01/2014 &~~~~;~!~INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ 07/01/2013 07/01/2014.f-"-EA--"C-'H--"O·"-CC"-'U"-'R'-'-RE=N=C.:=.E ----t--$=2_'-"''0"-'0'-"0'-'-0"-'0"-'0'--------1 AGGREGATE $2 000 000 $ 01/01/2013 01/01/2014 X 1~5R~l~~v.r~ I ~~~H- E.L EACH ACCIDENT $1 000 000 E.L DISEASE-EA EMPLOYEE $1 000 000 E.L DISEASE-POLICY LIMIT $1,000,000 07/01/2013 07/01/2014 $2,000,000 07/01/2013 07/01/2014 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Certificate Holder has been requested to be named as an additional insured in respects to the General Liability policy. CERTIFICATE HOLDER CANCELLATION City of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE I ~~~C.· © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201 0/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10578202/M10342926 11 RGTJG 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAX "'w"·.saniuancapistrano.org MEMBERS OF THE CITY COUNCIL SAM ALLEV"TO ROY L. BYRNES, M.D LAARY KAAMER DEREK REEVE JOHNT ... YLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, August 20, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of a Cooperative Agreement to Receive Measure M (M-2) Funds and Enter Into an Agreement with the Orange County Transportation Authority (OCTA) and Age Well Senior Services to Participate in the Senior Mobility Transportation Program" -Item No. 018. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 19, 2013, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Heidi Ivanoff, Senior Services Coordinator. You may contact that staff member at (949) 443-6391 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk@sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Jessica Deakyne, Orange County Transportation Authority, Community Transportation Coordinator; Dan Palumbo, Age Well Senior Services,Chief Operating Officer m OCTA BOARD OF DIRECTORS Gregory T Winterbottom Chairman Shawn Nelson Vice Chairman Patricra Bates Director Lori Donchak Director Gail Eastman Director Matthew Harper Director Michael Hennessey Director Steve Jones D1rector Jeffrey Lalloway Director Gary A. Miller Director John Moorlach Director AI Murray Director Janet Nguyen D1rector Miguel Pulido Director Tim SIJaw Director Todd Spitzer Director Frank Ury Director Ryan Chamber/am Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer August 13, 2013 Ms. Karen P Burst The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano. CA 92675 SUBJECT: AGREEMENT NO. C-3-1866 Dear Ms. Burst: Enclosed are the original documents for Agreement No. C-3-1866 for your review and signature. Please execute the documents in blue ink where indicated and return the signed originals to Sue Ding by August 15, 2013. The first page of each document will be completed by the Authority upon final execution. Should you have any questions, please contact Ms. Ding at (714) 560-5631. Sincerely, @t£Rjj f ... Cathy Foreman Office Specialist Contracts Administration and Materials Management Enclosures Orange County Transportation Authority 550 South Main Street I P. 0. Box 14184 I Orange I California 92863-1584 I (714) 560-0CTA (6282) 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAX ~~ 11 ·wsanjuancapist ra/1fJ. org TRANSMITTAL TO: Sue Ding Orange County Transportation P.O. Box 14184 Orange, CA 92863 DATE: August 22, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement No. C-3-1866 MEMBERS OF THE CITY COUNCIL SAM ALLEVA TO ROY l. BYRNES. M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR Enclosed are the original documents for Agreement No. C-3-1866, approved and executed by the City of San Juan Capistrano. After final execution by the Authority, please return one originally signed copy the City Clerk's Office. If you have any questions regarding this agreement, please contact Heidi Ivanoff, Senior Program Coordinator at (949) 443-6391. Cc: Cynthia Alexander, Community Services Director Heidi Ivanoff, Senior Program Coordinator San Juan Capistrano: Prf'se!Ting thf' Past to Enhance the Future Christy Jakl From: Sent: To: Cc: Subject: Attachments: Hi Heidi, Christy Jakl Wednesday, September 11, 2013 11:28 AM Heidi Ivanoff Cynthia Alexander; Debbie Evenson OCTA Senior Mobility Agreement OCTA-Senior Mobility Program Agreement.pdf For your records, attached is a fully executed copy of the OCTA Agreement for the Senior Mobility Program. Thanks! Chdsl~ Jakl, CMC Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 I (949) 493-1053 fax Please share your experience with the City by taking our Survev. 1