HomeMy WebLinkAbout08 COOPERATIVE AGREEMENT C-1-3255 FOR SENIOR MOBILITY PROGRAM DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
8
Agenda Item DS
- - ' AGENDA REPORT Reviewed: D5W
nc
q City Manager
Finance Director
MEETING DATE: FEBRUARY 1, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: CHAD W. CLANTON, DIRECTOR, PARKS & RECREATION SERVICES
SUBJECT: COOPERATIVE AGREEMENT NO. C-1-3255 BETWEEN ORANGE
COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN FOR
THE SENIOR MOBILITY PROGRAM
SUMMARY:
The Orange County Transportation Authority (OCTA) has requested that the City of
Tustin adopt Cooperative Agreement C-1-3255 in order to continue receiving Senior
Mobility Program (SMP) funding which partially subsidizes the Senior Transportation
Program at the Tustin Area Senior Center.
RECOMMENDATION:
Staff recommends that the City Council execute Cooperative Agreement No. C-1-3255,
between OCTA and the City of Tustin, thereby continuing the Tustin Area Senior
Center's participation in the Senior Mobility Program for five (5) years through June 30,
2026, with an option to extend the term up to an additional five (5) years through June
30, 2031 .
FISCAL IMPACT:
Entering into this Cooperative Agreement would ensure the City of Tustin is eligible for
annual funding from OCTA that would subsidize a significant portion of the existing Senior
Transportation Program expenditures. Over the course of the initial five-year term of the
agreement (2022 to 2026), the projected SMP funding allocated to the City of Tustin will be
approximately $302,000.
While the Measure M2 Project U - SMP funding does require a 20% match from
participating agencies, because this match can take the form of in-kind contributions like
administrative oversight and vehicle usage, it will not result in additional expenditures
beyond what is currently budgeted.
CORRELATION TO THE STRATEGIC PLAN:
This item advances Strategy 10 of Goal A in the City of Tustin Strategic Plan regarding
Economic and Neighborhood Development in that it enhances mobility around the
community, engaging partnerships with the Orange County Transportation Authority
(OCTA).
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
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BACKGROUND:
For the past 21 years, the TASC Transportation Program has been offering a
transportation program to serve the needs of its senior residents by providing door-to-door
transportation for medical appointments, grocery shopping, and participation in Senior
Center activities. Since July 1, 2011, the TASC Transportation Program has received
annual funding from OCTA as an SMP participant.
In January 2021, at OCTA's request, an updated Agency Service Plan was submitted to
OCTA in anticipation of a new Cooperative Agreement. Shortly after, in June 2021, OCTA
announced that the opportunity for agencies to take part in SMP would be renewed
effective July 1, 2021 . However, staff did not receive a final version of the new Cooperative
Agreement until November 2021.
OCTA has provided SMP funding to Orange County cities since 2002. The Cooperative
Agreement is a continuation of the SMP which is funded through Measure M2. It is a
requirement that Measure M2 provide funds to local cities for senior transportation
based on sales tax revenue and the city's population of residents 60 years and older.
The Cooperative Agreement for all SMP cities shall continue through June 30, 2026,
(initial term) with the discretion by OCTA to extend the term up to an additional five (5)
years through June 30, 2031 (option term).
The following benefits of participation in SMP have been identified:
• The Senior Transportation Program will be able to continue to operate on the
same schedule with no changes in existing service levels.
• The Agreement has a five (5) year term with the election to extend the
agreement for an additional five (5) years.
• The 20% local match will not require additional City of Tustin resources.
• The reporting requirements, which include a one-page monthly usage report and
daily vehicle inspection reports, are practicable for staff to complete.
• Enrollment in SMP will also include the eligibility to receive one (1) refurbished
surplus paratransit vehicle at no cost, subject to vehicle availability.
• The OCTA funding source is dedicated through the sunset of Measure M2 in
2040.
5DocuSigned by:
K 0.alJ6V,
fE4-1•L7
2g
Chad W. Clanton
Director, Parks and Recreation Services
Attachment: OCTA Cooperative Agreement No. C-1-3255
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
1 COOPERATIVE AGREEMENT NO. C-1-3255
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF TUSTIN
6 FOR
7 SENIOR MOBILITY PROGRAM
8 THIS COOPERATIVE AGREEMENT ("Agreement'), is effective this 1st day of
9 February 1 2022 ("Effective Date"), by and between the Orange County
10 Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a
11 public corporation of the State of California (herein referred to as "AUTHORITY") and
12 the City of Tustin, 300 Centennial Way, Tustin, California 92780 (hereinafter referred to as
13 "CITY") each individually known as "PARTY" and collectively known as "PARTIES".
14 RECITALS:
15 WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and
16 WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
17 concerning senior transportation services; and
18 WHEREAS, this Agreement defines the roles and responsibilities of AUTHORITY and CITY in
19 executing an SMP for senior transportation; and
20 WHEREAS,AUTHORITY and CITY agree to comply with all relevant elements of Orange County
21 Local Transportation Authority Ordinance No. 3; and
22 WHEREAS, AUTHORITY and CITY agree to comply with all elements of the SMP Project U
23 Funding and Policy Guidelines (SMP Guidelines); and
24 WHEREAS, AUTHORITY's Board of Directors approved this Agreement on
25 May 24, 2021;
26 /
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
2 ARTICLE 1. COMPLETE AGREEMENT
3 A. This Agreement, including any attachments incorporated herein and made applicable by
4 reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
5 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
6 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
7 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
8 are true and correct and are incorporated by reference herein.
9 B. AUTHORITY's failure to insist on any instance(s) upon CITY's performance of any term(s) or
10 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
11 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
12 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
13 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
14 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
15 accordance with the provisions of this Agreement.
16 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
17 condition(s)of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
18 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
19 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
20 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
21 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
22 this Agreement.
23 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
24 A. AUTHORITY agrees to provide funds per the SMP Guidelines:
25 1. Services provided under the SMP are available to individuals sixty (60) years of
26 age and older.
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 2. Funds for the program are identified as one percent (1%)of Renewed Measure M
2 (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local
3 jurisdictions based upon the participating entity's respective percentage of the senior population of the
4 entire County.
5 3. Senior population will be determined by using the most current official decennial
6 Census information provided by the U.S. Census Bureau.
7 4. All active participants will receive their portion of funding on a bi-monthly basis.
8 B. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3)
9 years of receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not
10 be granted beyond a total of five (5) years from the date of the initial funding allocation.
11 C. In the event the time limits for use of Net Revenues are not satisfied, then any retained
12 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned
13 to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
14 any project within the same source program at the discretion of AUTHORITY.
15 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
16 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation.
17 CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of
18 Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
19 ARTICLE 3. RESPONSIBILITIES OF CITY
20 A. CITY must satisfy all M2 eligibility criteria, as specified in the Orange County Local
21 Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula
22 allocation for the SMP.
23 B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above
24 will be used exclusively for providing accessible senior transportation services as specified in
25 Exhibit A, entitled "Senior Mobility Program Agency Service Plan."
26 /
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 C. CITY agrees to comply with all elements of the SMP Guidelines as specified in
2 Exhibit A, Attachment 1.
3 D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of
4 receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not be
5 granted beyond a total of five (5) years from the date of the initial funding allocation.
6 E. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
7 Revenues that were allocated to CITY and interest earned thereon shall be returned to AUTHORITY and
8 these Net Revenues and interest earned thereon shall be available for allocation to any project within the
9 same source program at the discretion of AUTHORITY.
10 F. CITY agrees to match twenty percent (20%) of the total annual program expenditures.
11 Local match may be made up of cash-subsidies, fare revenues, or in-kind contributions.
12 G. CITY may contract with a third-party service provider to provide senior transportation
13 services provided that:
14 1. Contractor is selected using a competitive procurement process; and
15 2. Wheelchair accessible vehicles are available and used when requested.
16 H. CITY shall procure and maintain insurance coverage during the entire term of this
17 Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or
18 coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance.
19 CITY shall provide the following insurance coverage:
20 1. Commercial General Liability, to include Products/Completed Operations, Independent
21 Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per
22 occurrence and $2,000,000 general aggregate;
23 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a
24 combined single limit of$1,000,000 each accident;
25 3. Workers' Compensation with limits as required by the State of California including a
26 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 4. Employers' Liability with minimum limits of$1,000,000 per accident, $1,000,000 policy
2 limit-disease, and $1,000,000 policy limit employee-disease.
3 I. Proof of such coverage, in the form of an insurance company issued policy endorsement
4 and a broker-issued insurance certificate, must be received by AUTHORITY prior to commencement of
5 any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days
6 from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents
7 designated as additional insured on the general and automobile liability. Such insurance shall be primary
8 and non-contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also
9 include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts
10 required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other
11 project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess
12 liability policies.
13 J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
14 Number C-1-3255; and, the Associate Contract Administrator's Name, Luis Martinez.
15 K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees
16 to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the
17 vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title
18 and registration from AUTHORITY to CITY within thirty (30) calendar days from
19 taking possession of the vehicle.
20 ARTICLE 4. TERM OF AGREEMENT
21 A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect
22 through June 30, 2026(Initial Term), unless earlier terminated or extended as provided in this Agreement.
23 B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an
24 additional five(5)years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term),
25 and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with
26 Exhibit A.
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 C. AUTHORITY's election to extend the Agreement beyond the Initial Term shall not diminish its
2 right to terminate the Agreement for AUTHORITY's convenience or CITY's default as provided elsewhere
3 in this Agreement. The "maximum term" of this Agreement shall be the period extending from
4 commencement through June 30, 2031, which period encompasses the Initial Term and Option Term.
5 ARTICLE 5. NOTICES
6 All notices pertaining to this Agreement and any communications from the PARTIES may be
7 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or
8 certified mail, return receipt requested, postage prepaid and addressed as follows:
9 To CITY: To AUTHORITY:
10 City of Tustin Orange County Transportation Authority
11 300 Centennial Way 550 South Main Street
12 P. O. Box 14184
13 Tustin, CA 92780 Orange, CA 92863-1584
14 Attention: Vanessa Osborn Attention: Luis Martinez
Parks and Recreation Supervisor Associate Contract Administrator
15 Tel: (714) 573-3345 Tel: (714) 560-5767
16 Email: vosbom(a)tustinca.orp Email:Imartinez1(a)octa.net
17 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS
18 AUTHORITY and CITY agree that in performance of their obligations under this Agreement,
19 they shall comply with all applicable federal, California state and local laws, statutes and ordinances
20 and all lawful orders, rules and regulations promulgated thereunder.
21 ARTICLE 7. ORDER OF PRECEDENCE
22 Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence:
23 (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or
24 incorporated by reference.
25 /
26 /
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
2 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's
3 accounting books, program records, payroll documents and facilities as AUTHORITY deems necessary.
4 CITY shall maintain such books, records, data and documents in accordance with generally accepted
5 accounting principles and shall clearly identify and make such items readily accessible to such parties
6 during CITY's performance hereunder and for a period of five (5) years from the date of final payment by
7 CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend
8 to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by
9 any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
10 ARTICLE 9. TERMINATION
11 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
12 whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in
13 advance of the specified date of termination.
14 ARTICLE 10. INDEMNIFICATION
15 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
16 employees and agents from and against any and all claims (including attorney's fees and reasonable
17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
18 to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY,
19 its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out
20 of the performance of this Agreement .
21 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full
22 indemnification of AUTHORITY.
23 C. As a funding source, AUTHORITY shall not be liable for any claims or losses arising
24 from CITY as a result of using the fund.
25 /
26 /
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 ARTICLE 11. ALCOHOL AND DRUG POLICY
2 A. CITY agrees to establish and implement an alcohol and drug program that complies with
3 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement
4 as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with
5 sections 701-707.
6 B. Failure to comply with this Article may result in nonpayment or termination of this
7 Agreement.
8 ARTICLE 12. FORCE MAJEURE
9 Either PARTY shall be excused from performing its obligations under this Agreement during
10 the time and extent that it is prevented from performing by a cause beyond its control, including, but
11 not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
12 facilities by the federal state or local government; national fuel shortage; or a material act of omission
13 by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and
14 provided further that such nonperformance is unforeseeable, beyond the control and is not due to the
15 fault or negligence of the PARTY not performing.
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B
COOPERATIVE AGREEMENT NO. C-1-3255
1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-1-3255 to be
2 executed as of the date of the last signature below.
3 CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
4
5 By: By:
Austin Lumbard Darrell E. Johnson
6 Mayor Chief Executive Officer
7
8 APPROVAL RECOMMENDED:
9
10 By:
11 Beth McCormick
Executive Director, Operations
12
13 APPROVAL RECOMMENDED:
14
15 By:
16 Jennifer L. Bergener
Chief Operating Officer, Operations/
17 Deputy Chief Executive Officer
18
19
20
21
22
23
24
25
26
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
FASenior Mobility Program
0C 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 Tustin,Tustin Area Senior Center Date January 11, 2021
Program Contact Vanessa Osborn Phone (714) 573-3345
Email vosborn@tustinca.org
Service Description:
1. Program goals and objectives:
The Tustin Area Senior Center provides transportation on a donation only basis for
seniors age 60 and over and to persons with disabilities who are residents of the City
of Tustin. Senior adults and persons with disabilities are in need of specialized and
affordable transportation options to be able to utilize services in the easiest manner
available. It is important for seniors to stay connected to their community and be able
to utilize transportation for medical appointments, grocery shopping,personal
appointments, and visits to their local senior center. Community-based senior
transportation programs are vital to meet the needs for seniors who wish to live on
their own and remain active in their communities.Within Tustin,there are limited
options available for public transportation. Often times these transportation services
can be difficult to navigate for the frail/elderly who require special assistance and are
on fixed incomes.
The goal of the Tustin Area Senior Center's Transportation Program is to fill this gap
and meet the transportation service needs of these people who are unable to use
other transportation options in the City.
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
2. Indicate how SMP service will be operated: (Please check all that apply)
Directly-Operated Subsidized Taxi Program
Contract Service Provider Other (Please Describe)
Volunteers
Seniors interested in utilizing our transportation program register in-person or
through the mail. Once registration is complete,the senior participant will call the
Transportation Program phone lines to request trip(s) and these trips are then
scheduled by the Transportation Coordinators who speak directly with the
participants.
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 Personal Care
Nutrition Shopping
Medical Social / Recreation (Please Describe)
Social/Recreation trips would include transportation to:
1) Events in Tustin and/or Orange County
2) Tustin Library
3) Community Buildings
4) Parks in Tustin
S) Family/Friends
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
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?
No
If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital
in Long Beach)
5. Fare structure:
Fares for the Tustin Area Senior Center's Transportation Program are donation based
with a suggested donation of$1 per trip per passenger.
6. Number of vehicles:
2 (and 1 back-up)
7. Projected annual ridership:
4,000
8. Source(s) of 20 percent match funding:
The City of Tustin provides matching funds from the city's General Fund towards
salary costs of the two (2) Transportation Coordinator positions.
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
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 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
DccuuSiigned by:
"lay.. 5. W-
184882b99B6F47A.__
Name: Matthew S. West Name:
Title: City Manager Title:
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
Senior Mobility Program
Project U Funding and Policy Guidelines
November 2018
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 participating
cities and eligible agencies based upon their senior population. One percent (1%)
of M2 net revenue is used to fund the program and participating cities and eligible
agencies must provide a minimum 20 percent (20%) local match of the total annual
program expenditures.
Included in the SMP are eligible non-profits. These agencies are funded locally
and must also comply with the Guidelines.
2.0 Objectives
■ To provide for local, community-based senior transportation services.
■ To allow participating cities and eligible agencies to develop and implement
senior transportation services to serve their community.
■ To provide transit options for seniors which complement rather than duplicate
the Orange County Transportation Authority's (OCTA) fixed route and
ACCESS paratransit service.
3.0 Eligibility Requirements
Participation in the SMP is contingent upon maintaining M2 eligibility. Participating
cities and eligible agencies 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.
Participating cities and eligible agencies 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
1
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
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 participating cities and eligible agencies based
upon the participating cities and eligible agencies' 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 (3)years of receipt.
OCTA may grant a two (2)-year extension beyond the three (3)-year expenditure
limitation; however, an extension may not exceed five (5) years from the date of
the initial funding allocation. Participating cities and eligible agencies requesting
an extension beyond the three (3)-year limitation must submit a justification letter
for review and approval by OCTA at least ninety (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 participating city and eligible agency,
including interest, shall be returned to OCTA.
5.0 Match Requirements
Participating cities and eligible agencies must provide a minimum 20 percent (20%)
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 participating cities and eligible agencies' employees
who perform work on the program. Participating cities and eligible agencies may
also be required to submit supporting documentation to substantiate local match
expenditures. Participating cities and eligible agencies are not required to
contribute the minimum match requirement on a monthly basis; however, the
minimum 20 percent (20%) match requirement must be met by the end of each
fiscal year, defined as June 30.
Participating cities and eligible agencies not satisfying the annual 20 percent (20%)
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.
Example:
Total Program Expenditures $100,000
Total M2 Funding Allocation $ 80,000
20% Required Match $ 20,000
Actual Reported Match $ 15,000
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
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 sixty (60) years of
ageand older. Participating cities and eligible agencies 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.
Participating cities and eligible agencies 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 ten (10) miles of the
Orange County border.
Participating cities and eligible agencies 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
participating city and eligible agency must ensure the contractor is in compliance
with program guidelines and provisions included in the cooperative funding
agreement.
Participating cities and eligible agencies 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.
Participating cities and eligible agencies will perform, or ensure that a contractor
performs, maintenance of all vehicles used in the Senior Mobility Program.
Participating cities and eligible agencies 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.
Participating cities and eligible agencies may receive one retired OCTA ACCESS
paratransit vehicle per year, free of charge, to support their senior transportation
programs subject to availability. Any retired ACCESS vehicles in excess of one (1)
per year may be purchased for a cost equivalent to the refurbishment cost incurred
by OCTA.
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
7.0 Service Plan Adoption
Participating cities and eligible agencies 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 participating cities
and eligible agencies' governing body and approved by the OCTA Board of
Directors. Any revision to the adopted SMP Service Plan must be submitted to
OCTA in advance for review and approval. Revisions to the trips listed on the
Service Plan will require an amendment to the cooperative funding agreement prior
to implementing a change in program services.
8.0 Insurance
Participating cities and eligible agencies shall procure and maintain insurance
coverage as specified in their SMP cooperative agreements with OCTA.
9.0 Drug and Alcohol Testing
Participating cities and eligible agencies shall establish and implement an alcohol
and drug testing 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.
10.0 Marketing and Outreach
Participating cities and eligible agencies shall participate as appropriate in OCTA
marketing and outreach efforts to encourage the use of fixed route transit service
by older adults.
11.0 Recognition of OCTA Sponsorship
Participating cities and eligible agencies shall note OCTA sponsorship in any
promotional material for senior mobility services funded by OCTA and shall display
an OCTA-provided OC Go Senior Mobility Program decal on vehicles used in this
Program, excluding taxis.
12.0 Vehicle Maintenance
Participating cities and eligible agencies shall perform or ensure that a contracted
vendor performs maintenance of all vehicles used in the Program, including:
Daily pre-trip inspections and completion of checklists identifying each
vehicle component and system inspected.
Scheduled preventive maintenance that meets or exceeds the vehicle
manufacturer's standards.
Maintaining maintenance records for each vehicle for five (5) years.
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
If required, cooperation in annual motor coach carrier terminal inspections
conducted by the California Highway Patrol.
13.0 Eligible Expenses
Participating cities and eligible agencies 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.
Participating cities and eligible agencies shall ensure all costs are program-related
and are fair and reasonable. Administrative costs up to 10 percent (10%) are
allowed and considered eligible program expenses. All program expenses are
subject to audit.
No M2 funding shall be used by a participating city and eligible agency for other
than transportation purposes authorized in the M2 Ordinance.
14.0 Program Revenue
Participating cities and eligible agencies 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 participating cities and eligible agencies' 20 percent
(20%) local match requirement.
15.0 Reporting
Participating cities and eligible agencies are required to submit reports using
templates provided by OCTA. Required reporting data will include, but not be
limited to, the following:
A. Operational Reports
• Number of Trips by Category
• Vehicle Service Hours
• Vehicle Service Miles
Operational reports are due thirty (30) days after the end of the service month.
B. Financial Reports
• Program Cost Detail by Expense Category and % of Total Operating Cost
• Fares, Fees and Other Operating Revenue
• Participating City and Eligible Agency Total Contribution & Source
• Participating City and Eligible Agency Share as % of Total Operating Cost
• Cumulative Participating City and Eligible Agency Share to Date
• OCTA Contribution
• OCTA Contribution as % of Total Operating Cost
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
• Cumulative Contribution Received from OCTA
• Total Monthly Program Operating Cost
• Cumulative Total Program Operating Cost
Financial reports are due sixty (60) days after the end of the quarter. Reports
must be certified by the participating city and eligible agency's Finance Director
or Finance Director's financial designee.
Participating cities and eligible agencies shall 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.
C. Annual Questionnaire and Document Request (AQDR)
Participating cities and eligible agencies shall certify their compliance with these
Guidelines annually by having their City Manager or City Manager's department
director designee sign a completed version of a questionnaire sent out by OCTA.
Jurisdictions shall also submit all compliance-related documents requested by
OCTA. Completed AQDRs must be submitted to OCTA within ninety (90) days of
the end of the fiscal year reported upon.
Failure to meet the established reporting deadlines for any of these reports may
result in future withholding of funding and/or other sanctions to be determined.
16.0 Audits & Inspection of Records
M2 funding is subject to audit. Participating cities and eligible agencies 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. Participating cities and eligible agencies 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.
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DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 1
OCTA's failure to insist in any one or more instances of a participating city and
eligible agency's performance of the provisions set forth in these guidelines shall
not be construed as a waiver or relinquishment of the participating city and eligible
agency'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.
7
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 2
Orange County Transportation Authority UUUY DAMAGE:
ACCESS PREOPERATION INSPECTION
OHMREFECT REPORT Circle and describe any damage to a bus on diagram
of front/rear and two side Mews
Bustvan No. Date:
Federal Regulations stake that no motor vehicle carrying passengers lot hire �', Descnption:
shah be driven urdess the driver has deternrned that the folowing parts and LJ
accessories are in good worsting order. Each driver is required to submit a
signed written report daily for each coach driven. O
1st Driver:
Miles Finish: Miles Start. Miles Elapsed:
No Defects: 0 Defects:0 Signature.
Description:
Lid Driver.
Miles Finish: Miles Start- Miles Elapsed:
No Defects. 0 Defects:0 Signature: 0
3rd Driver
Miles Finish: Miles Start- Mites Elapsed'
No Defects: 0 Defects:0 Signature Description:
PREOPERATIONS INSPECTIONS
Indicate with an(x)that each item has been checked:
AMIPM AM1PM
_!^ TireslLug Nuts(wheels&rim$) —!— Emergency Refiectors
—1Motor-Guard _!_ Tum Signal Swdc)VHom f Description:_I Air System _I First Aid KA �I 1
_I LightslReflectors —!— Radio t-1
—1 Wheelchair Lilts 1— Drivers Seat/Belt
! Wheelchair Ltrt Cover 1— Door Interlock l L+ U
1 Mirrors �1 WIC Tie Davin Straps
I Windshield Wipers/Washers 1 Manual Lift Bar
1 Fire Extinguisher _!_ Conduct Walk Around
_ Steering Mechanism ! Parking/Brakes/Service
Brakes OPERATORS):
DEFECTS. Indicate with an(Y)defective items only {Explain In Defaig
RETARDERHE GINE IMPORTANT! Help expedite repairs by prodding necessary
_Brake Fluid Leaks —Light On: _Hot Engine/Water Leaks information regarding defects' Please print
_SoNHard Brakes Not Appied _Low Oil/Oil Leaks
_PuH to UR —Light On: _Starts Hard
Dragging Brakes Appied, No Power/Eng Ck_Light
_Smoking Bus Stopped —_ w�Smokes
_Emergency Brake _Light Not On: _Idles RougrXibration
Other-exptan Brakes Appfed. Exhaust,Vacuum Leaks
TIRESIWHEELS Bus Moving Fuel Leaks/LPG/Gas
_Fiat VC d HEA77NG —Other-eipia°1
_i=mbedded Object Off rRANSMISSrdN
_Cut —_Too CokYhot _Won't Go Into Gear
_SmooWCord _Defroster Defect _Slips/GrindslLurches
_LF RF rRRI RRQ LRI LRO _Ventilation(Bk]wefs) _Excessive Norse
_Loose Missing Lugs _Fumes _Leaks REPAIRS MADE:
_Other-wi iian Other-expbr _Drrm Line Vibration
LlGsfrS ENTRArYcE/EXIrDvoRst —
Rear End Noise
_Interior WINDOWS STEERING
_Exterior Slow _Har"inds
_Location: _Inoperative Shimmy
_Leaks Air —Excessive play
V&OCLE CLEANLINESS —Excessive Play —Other-Interior �
_Other-explain
_ AL
Exterior —Emergency Releases Generator/Starter
Floor WHEELCHAIR LIFT Tum Signals/Rashers
Windows Witt Not Fold Dui Horn
Seat ConditionWill Not Lower/Raise Fare Box
acplain: _�No Restrain DownRlp InstrurrentslGauges
_Lift Will Not Fold Into —Fuel.Oil,Amp Meter
Bus
ALL ITEMS COMPLETED -BUS SERVICED AND RELEASED:
Z IVO —Seats —Handraiis _Modesty Panels
Supervisor's Signature Date
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 3
10-1
Senior MobilityProgram g OCGO
Local Tax Dollars at Work OCTA
Monthly Reporting Form
Agency Information
Service for the- Month of: July _ _ Year of: 2021
Participating Agency:
Agency Contact Name:
Contact Number/ Email:
Operational Data
One-Way Trips Service Hours Service Miles
Trip Category Jul 2021 FYTD Jul 2021 FYTD Jul 2021 FYTD
Senior Center
Medical
Nutrition
Shopping
Personal Care
Social & Recreational - - -
Amusement Park
Aquarium/Zoo
Beach/Park
Charity-Social Group Event
Community-Cultural Event
Education/Employment
Family-Friends
Funeral/Memorial Service
Government Office/Service
Library/Museum/Historical Site
Movies/Theater/Concert
Religious Institution
Restaurant
Sporting/Fitness
Transit Center/Hub
Total - - -
Declaration and Submission Confirmation
Agency hereby certifies that this report is a complete and correct statement of the program's operating data.
Submitted By:
Signature: Date:
THIS REPORT IS DUE NO LATER THAN 30 DAYS AFTER THE END OF THE SERVICE MONTH
Please send this report by email to CTSPROGRAMS@OCTA.NET.
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT A
ATTACHMENT 3
Senior MobilityProgram g CCGO
Local Tax Dollars at Work Q(�Ta
Monthly Reporting Form
Agency Information
Service for the- Month of: July _ _ Year of: 2021
Participating Agency:
Agency Contact Name:
Contact Number/ Email:
Minancial Summaries
Jul 2021 FYTD
Cost Category Cost %of Total Cost %of Total
Direct Cost: Contracted Services 0.0% $ - 0.0%
Direct Cost: In-House Labor 0.0% $ - 0.0%
Direct Cost:Vehicle Expenses 0.0% $ - 0.0%
Direct Cost: Marketing/Outreach 0.0% $ - 0.0%
Subtotal Direct Costs $ - - $ - -
Indirect Costs? ❑Yes $ - 0.0% $ - 0.0%
Total Expenses $ - 0.0% $ - 0.0%
Above Total Expenses Paid By... Jul 2021 %of Total FYTD %of Total
OCTA Contribution $ - 0.0% $ - 0.0%
Agency Contribution $ - 0.0% $ - 0.0%
Total Contributions $ - 0.0% $ - 0.0%
Above Agency Contribution Sources Jul 2021 %of Total FYTD %of Total
General Fund/In-Kind 0.0% $ - 0.0%
General Donations 0.0% $ - 0.0%
Transportation Fees/Rider Fares 0.0% $ - 0.0%
Title IIIB Funds 0.0% $ - 0.0%
Other: 0.0% $ - 0.0%
Other: 0.0% $ - 0.0%
Other: 0.0% $ - 0.0%
Total Agency Contributions 1 $ - 0.0% $ - 0.0%
Declaration and Submission Confirmation
Agency hereby certifies that this report is a complete and correct statement of the program's financial data.
Submitted By: Must be by the Finance Director or Designee
Signature: Date:
THIS REPORT IS DUE NO LATER THAN 60 DAYS AFTER THE END OF THE SERVICE QUARTER
Please send this report by email to CTSPROGRAMS@OCTA.NET.
DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B COOPERATIVE AGREEMENT NO. C-1-3255
EXHIBIT B
Ad—.-
- Natio al Drub;-Free
Workplace Mliance
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.
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EXHIBIT B
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(FA SA).
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