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COOPERATIVE AGREEMENT NO. C-5-4013
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF NEWPORT BEACH
THIS COOPERATIVE AGREEMENT, is effective the � day of July, 2025, 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 (herein referred to as "AUTHORITY"), and the City of Newport Beach, OASIS Senior Center, 801 Narcissus Avenue, Corona del Mar, California 92625 (hereinafter referred to as "AGENCY"), each individually known as ("PARTY") and collectively known as ("PARTIES").
RECITALS:
WHEREAS, the 2024 Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program offers grant opportunities to non-profit organizations and local public agencies to help meet the special transportation needs of seniors and individuals with disabilities; and WHEREAS, the EMSD Grant Program supports Federal Transit Administration's Section 5310 (FTA 5310) Program eligible projects by providing local funds, in lieu of federal funds, to eliminate the need for grant recipients to adhere to complex federal requirements and reduce the risk of non compliance for both the AUTHORITY and its grantees; and WHEREAS, AGENCY is an eligible recipient of EMSD Grant Program funds and was awarded funds in the EMSD Grant Program for capital and/or operating assistance for vehicle replacements in order to enhance the transportation options currently available to seniors and individuals with disabilities; and
WHEREAS, on November 25, 2024, AUTHORITY's Board of Directors ("Board") approved funding of up to Two Hundred Seventeen Thousand, Eight Hundred Dollars ($217,800) for purchase of vehicles in accordance with Exhibit A, entitled "Scope of Work", which is attached herein and incorporated Last Rev: 09/05/2024
ATTACHMENT A
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COOPERATIVE AGREEMENT NO. C-5-4013
1 by reference;and
WHEREAS, on November 25, 2024, AUTHORITY’S Board authorized entering into this Cooperative Agreement; and
WHEREAS, AUTHORITY and AGENCY agree to comply with the EMSD Grant Program Guidelines and any subsequent EMSD Grant Program Guidelines amendments; and WHEREAS, AGENCY providestransportationoptionsforseniors and/or persons with disabilities through the EMSD program by providingtransportationservicesbeyond what isrequiredby the American with DisabilitiesAct (ADA), which includespurchasingvehicles (“PROJECT”); and WHEREAS, thisCooperative Agreement defines the rolesand responsibilitiesof AUTHORITY 2 3
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10 and AGENCY indeliveringa transportationprogram forseniors and individualswith disabilities;and 11 NOW, THEREFORE, itismutually understood and agreed by AUTHORITY and AGENCY as 12 follows:
13 ARTICLE 1. COMPLETE AGREEMENT
14 A. This Cooperative Agreement, includingany attachments incorporated herein and made applicable by reference,constitutesthe complete and exclusivestatement ofthe term(s)and condition(s) of this Cooperative Agreement between AUTHORITY and AGENCY and it supersedes all prior representations,understandings, and communications. The invalidityinwhole or in part ofany term or conditionof thisCooperative Agreement shallnot affectthe validityof otherterm(s)and condition(s)of thisCooperative Agreement. The above referenced Recitalsare true and correctand are incorporated by reference herein.
B. AUTHORITY’S failureto insiston any instance(s)of AGENCY’S performance of any term(s) or condition(s)of thisCooperative Agreement shallnot be construed as a waiver or relinquishment of AUTHORITY’S rightto such performance or to futureperformance of such term(s) or condition(s),and AGENCY'S obligationinrespect theretoshallcontinue in fullforce and effect.Changes to any portionof thisCooperative Agreement shallnot be bindingupon AUTHORITY except when specificallyconfirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this 15 16
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1 Cooperative Agreement and issued inaccordance withthe provisionsofthisCooperative Agreement.
C. AGENCY’S failureto insiston any instance(s)ofAUTHORITY’S performance of any term(s) or condition(s)of thisCooperative Agreement shallnot be construed as a waiver or relinquishmentof AGENCY’S rightto such performance or to future performance of such term(s) or condition(s),and AUTHORITY’S obligationinrespecttheretoshallcontinue in fullforceand effect.Changes to any portion ofthisCooperativeAgreement shallnot be bindingupon AGENCY except when specificallyconfirmed in writingby an authorizedrepresentativeof AGENCY by way of a writtenamendment to thisCooperative Agreement and issued inaccordance with the provisionsofthisCooperative Agreement. 2 3
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8 9 ARTICLE 2. SCOPE OF AGREEMENT
10 This Cooperative Agreement specifies therolesand responsibilitiesof PARTIES as they pertain to the subjectsand projectsaddressed herein.PARTIES shallcooperate and coordinate with the other inallactivitiescovered by thisCooperativeAgreement and any othersupplemental agreements thatmay be requiredto facilitatepurposes thereof.
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13 14 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
15 A. AUTHORITY agrees to provide ninetypercent (90%) of eligibleprojectcosts in an amount not to exceed Two Hundred Seventeen Thousand, Eight Hundred Dollars ($217,800) (“Funding Amount”), or any subsequent amendments to funding approved by AUTHORITY’S Board, for purchase 16 17
18 of vehicles and in accordance with Exhibit A.
19 B. AUTHORITY shallprocess payment to AGENCY withinsixty(60) calendar days of receiptof an acceptable invoiceand complete reimbursement package from AGENCY, which includes verification of payment to vendor or operationalexpense and confirmationof a minimum ten percent (10%) match estimated to be Twenty-Four Thousand, Two Hundred Dollars($24,200) forvehicles.
C. AUTHORITY staffmay review projectamendment requestsincludingscope change requests, and funding change requests consistentwith the EMSD Grant Program Guidelines at itsdiscretion. 20 21
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24 25 ARTICLE 4. RESPONSIBILITIES OF AGENCY
26 A. AGENCY agrees that allfunds received from AUTHORITY as specifiedin Article3A above Last Rev: 09/05/2024
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1 shallbe used exclusivelyforprovidingPROJECT as set forth in Exhibit A. 2 B. AGENCY shallprovide a ten percent (10%) match ofallowablevehiclecosts and shallsupport 3 unallowable costs at one hundred percent (100%). Local match may be made up of cash-subsidies,fare revenues, or localcontributions. Soft match or in-kindservices are not eligiblesources of match.4 5 C. AGENCY shalladhere tothe Timely-Use of Funds sectionand provisions inaccordance with 6 ExhibitB, entitled“2024 Enhanced MobilityforSeniors and Disabled Grant Program Guidelines,Callfor 7 Projects,”which isattached hereinand incorporatedby reference. 8 D. AGENCY shallshow that they willstartservice based on the schedule provided and by June 30 of the requested programmed fiscalyear (FY) for PROJECT and adhere to Exhibit A.
E. AGENCY agrees thatany cost overruns shallbe the responsibilityofAGENCY.
F. AGENCY, if applicable, may contract with a third-partyservice provider to provide 9 10
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13 1. Contractor isselectedusing a competitiveprocurement process; and 14 Wheelchair accessible vehicles are available,used when requested, and response times forwheelchair accessible service iscomparable to ambulatory service.
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16 G. AGENCY shallcomply with allprovisionsof the EMSD Grant Program Guidelines included 17 as Exhibit B.
18 H. AGENCY, as defined in ExhibitA, shallexpend allfunds withinthe period of performance 19 specifiedon ExhibitA to be eligibleforreimbursement forProjector by a subsequently extended deadline 20 approved by AUTHORITY’S Board.
21 I. AGENCY may request a one (l)-timeextension not exceeding a totalof twelve (12) months 22 per projectgrant.
23 J. AGENCY may request scope changes which are considered on a case-by-case basis and are not guaranteed. If a scope change is requested, AGENCY shall provide an explanation and24 25 justificationforthe scope change and any other informationrequested by AUTHORITY. Scope change and extension requests shallbe submitted with reasonable notice to allow for adequate review priorto26 Last Rev: 09/05/2024
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COOPERATIVE AGREEMENT NO. C-5-4013
1 the expirationofthisCooperative Agreement.
K. AGENCY shallreceivenotificationor a response from AUTHORITY beforeimplementingthe change. Major scope changes may requireapprovalby AUTHORITY’S Board.
L. AGENCY shalladhere to the provisionsoutlinedinthe Extension Requests, Scope Changes and Cost Savings sectionof ExhibitB atalltimes.Inthe event of a reductioninthe scope of PROJECT or cost savings,AGENCY shallensure compliance withthese provisions aspart ofitsadjustments.
M. AGENCY shall provide AUTHORITY with quarterlyreports of AGENCY’S PROJECT.
AGENCY shallsubmitquarterlysummary reportsthirty(30)days afterthe end ofeach quarter,as follows:
Quarter 1 (January-March)on April30
Quarter 2 (April-June)on July30
Quarter 3 (July-September)on October 30
Quarter 4 (October-December) on January 30
N. AGENCY shallprovideAUTHORITY withannual reportsofAGENCY’S compliance with State and Federal requirements. AGENCY shallsubmit annual reportsthirty(30) days afterthe end of each year as follows:
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15 16 Close ofeach year (January-December)on January 30.
O. Once PROJECT iscomplete,AGENCY shallsubmit a finalreportpackage no laterthan ninety (90) days afterfinalpayment from AUTHORITY. The finalreportpackage shallconsistof a finalreport and a closeoutform.The finalquarterlyreport,due thirty(30)days afterthe end ofeach quarter,the final annual report,due thirty(30)days afterthe end ofeach year,and the finalmonthly invoicemust alsoall be submitted to ensure proper closeout.
P. AGENCY shallsubmit an invoice(s)toAUTHORITY withinninety(90)days ofthe startoftheir period of performance as defined in ExhibitA, less required match and is required to adhere to the Invoices and Reimbursements section and provisions in accordance with Exhibit B for PROJECT.
Invoices shall be submitted in duplicate to AUTHORITY’S Accounts Payable Department at [email protected]. Each invoice shall include the followinginformation:
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1 1. Cooperative Agreement No. C-5-4013;
2 2. Specifywhich payment isbeing requested;
Any other informationas agreed or requested by AUTHORITY to substantiate the3 3. 4 validityof an invoice.
5 Q. AGENCY agrees capitalpurchases (vehicleand equipment) must be used for their entire usefullifeand/orthrough terminationofthe serviceand maintainedaccordingly.Ifterminationoccurs prior to the completion ofthe capitalitem’susefullifeand/or grant term,AGENY shallrepay AUTHORITY the same percentage ofthe sale price[orestimated value ofthe asset(s)]based on straightlinedepreciation of the asset(s)consistentwith the EMSD percentage of initialpurchase. Useful lifeshallbe based on AUTHORITY’S policyforservicelife,where applicable,as specifiedin ExhibitA.
R. Agency agrees thatvehicle(s)purchased or leased with EMSD Grant Program fundingshall have AUTHORITY (theOrange County TransportationAuthority[OCTA]) listedas lienholderon procured vehicle(s).AGENCY shallcomply withthe followingownership, titleand dispositionrequirements:
Vehicle titlesshall be held in the name of AGENCY with the lienholder listed as 6 7
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16 2. AGENCY shallnot transferor dispose ofthe vehicle(s)without priorwrittenapproval from AUTHORITY; and17
18 Inthe event of vehicledisposal,AGENCY shallfollowthe FTA regulationsgoverning vehicle disposition,includingrepaying AUTHORITY itsproportional share of the remaining value of the vehicle.
S. AGENCY shall maintain appropriate insurance coverage during the entire term of this Cooperative Agreement. Coverage shallbe fullcoverage and not subject to self-insuranceprovisions.
AGENCY shallprovidethe followinginsurance coverage;
Commercial General Liability, to include Products/Completed Operations, Independent Contractors’,Contractual Liability,and Personal InjuryLiability,and Property Damage with a minimum limitof $1,000,000 per occurrence and $2,000,000
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1 general aggregate;
2 2. Automobile LiabilityInsurance to include owned, hired and non-owned autos with a combined singlelimitof $1,000,000 each accident;
Workers’ Compensation with limitsas required by the State of Californiaincludinga waiver of subrogation in favor of AUTHORITY, itsofficers,directors,employees or agents;
Employers’ Liabilitywith minimum limitsof $1,000,000; and T. Proof of such coverage, in the form of a certificateof insurance and an insurance policy blanket additionalinsured endorsement, with AUTHORITY, itsofficers,directors,employees, and agents designated as additionalinsureds as required by contract.Both documents must be received by AUTHORITY priorto commencement of any work. Proof of insurance coverage must be received within ten (10)calendar days from the effectivedate ofthisAgreement and priorto commencement ofany work.
The insurance shallbe primary and non-contributiveto any insurance or self-insurancemaintained or mandated by AUTHORITY. Furthermore, AUTHORITY reserves the rightto request certifiedcopies or review allrelatedinsurance policiesinresponse to a related loss.
AGENCY shall include on the face of the Certificate of Insurance the Cooperative Agreement No. C-5-4013; and, the Associate Contract Administrator’s Name, Rhea Aninzo.
AGENCY shallalso includein each subcontractthe stipulationthat AGENCY’S third-party providershallmaintain insurance coverage inthe amounts required from AGENCY as provided inthis Agreement.
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21 W. AGENCY willwork with the vendor and ensure the submittal to AUTHORITY of the required 22 W-9 form and tax relateddocuments requiredto establisha vendor account. 23 AGENCY shall be required to immediately notifyAUTHORITY of any modifications or cancellationof any required insurance policies.
Y. AGENCY agrees thatallsubcontractorsperformingsafety-sensitivetasks are subjectto the same regulationsand before enteringinto thisCooperative Agreement. AGENCY and itssubcontractors X.
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COOPERATIVE AGREEMENT NO. C-5-4013
1 shallcomply withan applicablesubstance abuse program following theapplicableregulationsofthe Drug Free Workplace Act of 1988 and the CaliforniaDrug-Free Workplace Act of 1990.
Z. AGENCY shallrevise and amend any plan(s)adopted by AGENCY accordingly as the 2 3
4 applicablerulesand regulationsare periodicallyrevisedand amended. 5 AA. AGENCY shallensure that itsoperators and/or contracted vendor’s operators are properly licensed and trainedto proficientlyperform duties safelyand effectivelyand in a manner which treats6 7 riderswith respect and dignity.
8 BB. AGENCY shallensure thatalldriverscomplete an initialdrivertrainingprogram. This program may be sourced from an establishedtrainingprovideror another agency with a compliant program. The9 10 trainingprogram must include specificcourse content or subject matter, and the number of hours of 11 trainingto be provided.Trainingshallinclude,but is not limited to:
12 1. Disabilityawareness;
13 2. Passenger assistance;and
14 3. Mobilitydevice familiarizationand securement practices.
CC. AGENCY shall perform or ensure that a contracted vendor performs regular and routine15 16 maintenance of allawarded vehiclesand/or equipment including:
17 Dailypre tripinspections;1.
18 Scheduled preventative maintenance that meets or exceeds the vehicle2. 19 manufacturer’s standards;
20 3. Maintaining maintenance records foreach vehicleand/or equipment fora minimum of five(5)years;21
22 4. Cooperation in annual motor crash carrierterminal inspections conducted by the CaliforniaHighway Patrol(CHP), ifrequired;23
24 ARTICLE 5. DELEGATED AUTHORITY
25 The actions requiredto be taken by AGENCY inthe implementation of thisCooperative Agreement are delegated to itsAGENCY, or designee, and the actions required to be taken by AUTHORITY in the26 Last Rev: 09/05/2024
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1 implementation of thisCooperative Agreement are delegated to AUTHORITY’S Chief Executive Officer 2 or designee.
3 ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisionsofthisCooperative Agreement to the contrary,AUTHORITY and AGENCY mutually agree thatAUTHORITY’S maximum cumulative payment obligationhereunder shall be Two Hundred Seventeen Thousand, Eight Hundred Dollars($217,800),unless agreed to by both PARTIES and amended by way ofwrittenamendment.
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8 ARTICLE 7. AUDIT AND INSPECTION
9 AUTHORITY and AGENCY shallmaintaina complete setofrecords inaccordance withgenerally 10 accepted accounting principles.Upon reasonable notice, AGENCY shall permit the authorized 11 representativesof AUTHORITY to inspect and audit allwork, materials,payroll,books, accounts, and otherdata and records ofAGENCY fora periodoffour(4)years afterfinalpayment, or untilany on-going auditiscompleted. For purposes of audit,the date of completionofthisCooperative Agreement shallbe the date of AGENCY’S payment of AUTHORITY’S finalbilling(so noted on the invoice)under this Cooperative Agreement. AUTHORITY shallhave the rightto reproduce any such books, records, and 12 13
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16 accounts. The above provisionwith respect to auditsshall extend to and/or be included in contracts with 17 AGENCY’S contractor.
18 ARTICLE 8. INDEMNIFICATION
19 A. To the fullestextent permitted by law, AGENCY shalldefend (atAGENCY’S sole cost and 20 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect,and hold harmless AUTHORITY, itsofficers,directors,employees, and agents (collectivelythe “Indemnified Parties”),from and against any and all liabilities,actions, suits, claims, demands, losses, costs, judgments, arbitrationawards, settlements,damages, demands, orders, penalties,and expenses includinglegalcosts and attorney fees (collectively“Claims”),including but notlimited toClaims arising from injuriesto or death of persons (AGENCY’S employees included),fordamage to property, including propertyowned by AUTHORITY, or from any violationof any federal,state,or locallaw or ordinance,by 21 22
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COOPERATIVE AGREEMENT NO. C-5-4013
the negligentacts,omissions or willfulmisconduct of AGENCY, itsofficers,directors,employees or agents inconnectionwithor arisingout ofthe performance of thisCooperative Agreement.
B. To the fullestextentpermittedby law,AUTHORITY shalldefend (atAUTHORITY’S sole cost and expense with legal counsel reasonably acceptable to AGENCY), indemnify, protect,and hold harmless AGENCY, itsofficers,directors,employees, and agents (collectivelythe “IndemnifiedParties”), from and against any and allliabilities,actions,suits,claims, demands, losses, costs, judgments, arbitrationawards, settlements, damages, demands, orders, penalties,and expenses includinglegal costs and attorney fees(collectively“Claims”),includingbut not limitedto Claims arisingfrom injuriesto 1 2
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or death of persons (AUTHORITY’S employees included),for damage to property,includingproperty9 owned by AGENCY, or from any violation ofany federal,state,or locallaw or ordinance, by the negligent acts, omissions or willfulmisconduct of AUTHORITY, itsofficers,directors,employees or agents in 10 11
connection with or arisingout ofthe performance ofthisCooperative Agreement.
C. The indemnificationand defense obligationsof thisCooperative Agreement shallsurvive its 12 13
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ARTICLE 9. ADDITIONAL PROVISIONS15
A. Term ofAgreement: This Cooperative Agreement shallbe effectiveon July 1,2025, and shall be in fullforceand effectthrough finalacceptance of PROJECT or June 30, 2027, whichever islater.
B. Termination: In the event either PARTY defaults inthe performance oftheirobligationsunder 16 17
18 thisCooperative Agreement or breaches any ofthe provisionsof thisCooperative Agreement, the non defaultingPARTY shallhave the option to terminatethisCooperative Agreement upon thirty(30)days' 19 20
21 priorwrittennoticeto the other PARTY .
C. Termination for Convenience: Either PARTY may terminate thisCooperative Agreement for22 itsconvenience by providingthirty(30)days' priorwritten notice of its intent to terminate for convenience23 24 to the other PARTY.
D. Vehicle Removal for Non-Compliance: In circumstances where vehicles obtained with25 awarded EMSD Grant Program funds under thisCooperative Agreement have been placed intoservice26 Last Rev: 09/05/2024
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1 but are not being utilizedin accordance with the appropriatelyapproved scope, AUTHORITY reserves 2 the rightto remove such vehiclesfrom AGENCY’S premises. 3 E. AUTHORITY and AGENCY shallcomply with allapplicablefederal, state, and local laws. 4 statues,ordinances and regulationsof any governmental authorityhaving jurisdictionover PROJECT. 5 F. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to 6 execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Agreement, the PARTIES hereto are formallybound to the provisionsof thisCooperative7 8 Agreement.
9 G. Severability:Ifany term, provision,covenant or conditionof thisCooperative Agreement is held to be invalid,void or otherwise unenforceable, to any extent,by any courtof competent jurisdiction.10 11 the remainder of thisCooperative Agreement shallnot be affected thereby,and each term, provision. covenant or conditionof thisCooperative Agreement shall be valid and enforceable to the fullest extent12 13 permitted by law.
H. Counterparts ofAgreement: This Cooperative Agreement may be executed and deliveredin14 any number of counterparts,each of which, when executed and deliveredshallbe deemed an original15 16 and allof which together shallconstitutethe same agreement. Facsimile signatureswillbe permitted.
I. Force Maieure: Either PARTY shallbe excused from performing itsobligationsunder this Cooperative Agreement during the time and to the extent that itis prevented from performing by an 17 18
19 unforeseeable cause beyond itscontrol,includingbut not limitedto;any incidence of fire,flood;acts of God; commandeering of material,products, plantsor facilitiesby the federal,stateor localgovernment;20 nationalfuelshortage; or a materialact or omission by the other PARTY ;when satisfactoryevidence of21 22 such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the controland isnot due tothe faultor negligence ofthe PARTY not performing.
J. Assignment: Neither thisAgreement, nor any of the PARTIES’ rights,obligations,duties, or 23 24
authorityhereunder may be assigned inwhole or inpartby eitherPARTY withoutthe priorwrittenconsent25 of the other PARTY in itssole and absolute discretion. Any such attempt of assignment shallbe deemed26 Last Rev: 09/05/2024
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void and of no force and effect.Consent to one (1) assignment shallnot be deemed consent to any subsequent assignment, nor the waiver ofany rightto consent to such subsequent assignment.
K. Governing Law: The laws of the State of California and applicablelocaland federallaws, regulationsand guidelinesshallgovern thisCooperativeAgreement.
L. Litigationfees:Should litigationariseout ofthisCooperative Agreement forthe performance thereof,the court shallaward costs and expenses, includingattorney’sfees,tothe prevailingPARTY.
M. Notices:Any notices,requests,or demands made between PARTIES pursuant to this CooperativeAgreement are to be directedas follows:
To AGENCY:
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To AUTHORITY:9
Orange County TransportationAuthorityCityof Newport Beach10 550 South Main StreetOASIS Senior Center11
P.O. Box 14184801 Narcissus Avenue12
Orange, CA 92863-1584Corona del Mar, CA 9262513
Attention: Rhea AninzoSusie DiGiovanna14 Attention:
Associate Contract AdministratorSocial Services Supervisor15 Tel:(714) 560-5650Tel:(949)718-182516
Email: [email protected]:17
[email protected]
With a copy that shallnot constituteNoticeto:19
Cc: Martin Browne20
Senior Community Transportation21
Coordinator22
Tel: (714) 560-543123
Email: [email protected]
Vic Mireles25
TransportationFunding Analyst26
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Tel:(714) 560-50251
Email: [email protected]
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IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-5-4013 to be executed on the date firstwritten above. 1 2
3 CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 4 5 By: By:
6 Joe Stapleton Darrell E. Johnson
7 Mayor Chief Executive Officer
8 9 APPROVED AS TO FORM:
10 By:
11 James M. Donich
12 General Counsel
13 APPROVED:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:j jZ.^
14 By:
15 JenniferL. Bergener
Deputy Chief Executive Officer16
17 18 By:
19 Johnny Dunning, Jr.
20 Chief Operating Officer
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23 Rose Casey
24 Executive Director,Planning
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COOPERATIVE AGREEMENT NO. C-5-4013
EXHIBIT A
SCOPE OF WORK
City of Newport Beach
Program Overview
The Cityof Newport Beach's OASIS Transportation Program provides affordable ride-share services to Newport Beach residentsaged sixty(60)and older who can no longer drive,offering alifelinefor seniors to access essential servicesand maintain independence. The program accommodates individualswith mobilityaids such as walkers,wheelchairs,and scooters,as well as those with physicaland cognitive limitations. It ensures seniors can attend medical appointments, shop for groceries,participatein senior center classes,and run other essential errands within Newport Beach, Corona del Mar, Newport Coast, and limited areas of Costa Mesa and Irvine.The program emphasizes community outreach and the integrationof technology to optimize transportationaccess,particularlyfor disadvantaged seniors.
Project Components & Required Match
Required
Match*
Match
Percentage
Project Component Grant Total Project
Component
Cost
$24,200 $217,800 $242,000Two (2) Ford Transit vans with wheelchair lifts
10%
*Required match is based on Board approved guidelines.Agency is responsible for any related cost increases which may increase required match above the 10% or 20% minimum requirement.
Project Schedules
Project Component Start Date End Date
Two (2) Ford Transit vans with
wheelchair lifts
July 1,2025 June 30, 2027
Performance Measures
1. Emphasize the enhancement of mobilityfor seniorsthrough supportive,supplemental services, and improved connectivity.
2. Advocate forthe integrationof technology to optimize transportation options.
3. Stressthe importance of community outreach, particularlytowards disadvantaged communities.
Deliverables
1. Fully comply with scope of work and the Enhanced Mobility for Seniors and Disabled grant program guidelines,includingany amendments approved by the Orange County Transportation Authority(OCTA), and incompliance with allapplicablegrant regulations.
2. Submit allrequired quarterlyand finalreports,invoices,certifications,and participateinauditsas detailedinthisAgreement and as requested by OCTA.
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EXHIBIT A
Useful Life
Project Component Useful Life
Two (2)Ford Transitvans with wheelchair lifts 137,363-139,669 miles
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.V #♦ .f %*
**
*«' *
w. »
^SAVEWmi;(<^<QCBUSAI>P
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COOPERATIVE AGREEMENT NO. C-5-4013
EXHIBIT B
2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Table of Contents
1Purpose And Authority
Program Goals
Background
2024 Call
Program Schedule
EligibleApplicants
PublicHearing for PublicAgencies
Coordination
Funding Priorities
EligibleProjectCategoriesand Availabilityof Funds
Capital Projects
Operating Projects
Award Limitationsand Matching Fund Requirements.
Indirect Costs
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1 2
2 2
2 2
2 3
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5 Contingency Costs
Evaluation Criteria....
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CapitalEvaluation Criteria
Operating Evaluation Criteria
AccountabilityEvaluation
Provisions of Use Criteria
Timely-Use of Funds
Extension Requests, Scope Changes and Cost Savings
Cost Increases
Invoices and Reimbursements
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7 7
7 8
8 8
Reporting
Insurance Requirements
Additional Program Requirements
Required Drug and Alcohol Programs and Related Reporting.
Required DriverTrainingfor Vehicles
Required Maintenance forVehiclesand Equipment
Useful LifeRequirements for CapitalProjects
Submittal Requirements
OCTA Contacts
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EXHIBIT B
2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Purpose And Authority
The Orange County Enhanced Mobilityfor Seniors and Individualswith Disabilities(EMSD) Grant Program callfor projects (call)isintended to enhance the mobilityof seniorsand individualswith disabilitiesby providing localtransportation funding to meet the transportationneeds of seniorsand individualswith disabilitieswhere publictransportationservices may not appropriately meet their needs. The EMSD Grant Program offersgrantopportunitiesto non-profitorganizations (non-profits)and localpublicagencies to help meet these needs.
Program Goals
The EMSD Program isintended to meet the transportationneeds of older adults and people with disabilitieswhen transportation services provided are unavailable, insufficient,or inappropriate to meet these needs. The goals of the Program are to:
Improve the mobilityfor seniorsand individualswith disabilitiesinOrange County.
Support localagencies and non-profitsprovidingservicewithin their communities.
Supplement servicesprovided through the OCTA Senior Mobility Program, OC ACCESS, and OC Bus fixed-route service.
Provide seamless servicethrough improved first-and last-mile connections.
Incorporate and encourage technology-based solutionsto improve mobilityoptions.
Promote non-profitand publicagency outreach to senior and disabledpatrons with an emphasis in reaching disadvantaged, underrepresented, and/or diversecommunities to ensure services will meet their needs.
Prioritizefunding foragenciesthat:
o Collaboratethrough partnershipsto createefficienciesand lower operating costs forservice,and/or o Increasevehiclerevenue hours beyond the minimum ten hours per week.
Background
Priorto 2014, the Federal Transit Administration Section 5310 (ETA 5310) Program was Jointlyadministeredby the Orange County Transportation Authority (OCTA) and the CaliforniaDepartment of Transportation(Caltrans).In 2016, OCTA assumed the roleof designated recipient forthe ETA 5310 Program inOrange County to ensure funds are used effectively, efficiently,and consistentlywith federalrequirements.
Since 2018, the Orange County EMSD Grant Program replacedthe ETA 5310 by providinglocalfunding supportinlieu of federalfunding,which allowsgranteesto streamlineprojectimplementationand reduce the riskof non-compliancewith federalrequirements.Due to the long-standingsuccessof the Section5310 grant program, allbeneficialelements of that program have been retained.
As the regionaltransportationplanningagency forOrange County, OCTA isresponsiblefor conducting a callfor projects and distributingEMSD funds to selectedprojectsconsistentwith the prioritystrategiesidentifiedin the current Orange County Human ServicesTransportation CoordinationPlan^ (Coordinated Plan). In addition,OCTA has taken on the responsibilityof developingand administeringfundingagreements and providing oversightmonitoringof EMSD grantees throughout the usefullifeof the grant-fundedprojects.
2024 Call
The 2024 EMSD call willmake up to $8.5 millionin localfunds availableforeligibleand highscoringprojects.Funding availabilityis based on the ETA 5310 apportionment to OCTA and issubjectto change. All projectsproposed and ^ 2020 Coordinated Plan isavailableat:http://www.octa.net/pdf /HumanServicesTransportation.pdf-applicableto thiscall. 2024 Coordinated Plan informationlandingpage isavailableat: https://www.oraneecountvchstp.com/ - currently under development. 1 5-22
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines considered forfunding are requiredto be included inthe Coordinated Plan.Under FTA guidelines,the Coordinated Plan isrequired to be updated every four years. Thiscallwillaward projectsconsistentwith the 2020 Coordinated Plan, as its 2024 update isstillunder development.
Program Schedule
EMSD Schedule (Subjectto Change)
April17, 2024 EMSD Program Workshop (Virtual)
May 28, 2024 Callfor ApplicationsOpens
June 3-June 7, 2024 ApplicationOfficeHours
June 27, 2024 ApplicationDue Date by 4pm
June-August 2024 ApplicationReviews and Scoring
OCTA Board of Directors(Board) considerationof EMSD funding recommendationsSeptember 2024 Awarded Applicant OfficeHoursSeptember 2024
EligibleApplicants
Eligibleapplicants include:
• Privatenon-profitorganizationsprovidingtransitservicesforolderadultsand people with disabilities,and • Public agencies where private non-profitsare not readily available toprovide the proposed servicefor these individuals (seePublicHearing for PublicAgency sectionof these Guidelines).
PublicHearingforPublicAgencies
Publicagency applicantswillbe requiredto hold a publichearingto establishcoordination withnon-profitsand ensure servicesare not being duplicated.Thiswillverifythatthe nominating publicagencies'projectsare not overlapping inscope and, where applicable,services can be better coordinated. Nominating public agencies, including Orange County (County)citiesand the County, are to schedule publichearings,and notifyrelevantnon-profitsas soon as possible to proceed with the applicationprocess. Documentation of a publichearing being held willbe required as part of the applicationpackage.
Coordination
Inter-agencycoordination ishighlyrecommended. OCTA encourages agencies to work in partnershipwith other agencies to better offer well-rounded and coordinated services or use of vehiclesand/or equipment. The EMSD Program emphasizes the importance of coordinated planning.Prioritywillbe given to nominations that successfullyshow inter agency coordinationand demonstrate partnership(s).
Funding Priorities
1. Capital
2. Operating (ExistingServicesOnly and MobilityManagement) EligibleProjectCategoriesand Availabilityof Funds
Funds willbe available fortwo categoriesand distributedto organizationsand agenciesservingOrange County based on the funding prioritiesabove.
Project Category Funding availability
Capital $4.7 million(minimum) or 55% minimum of awarded funds
Operating (MobilityManagement and Operating Assistance) $3.8million(maximum) or no greaterthan 45% of awarded funds
Total $8.5 million
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2024 Enhanced MobilityforSeniors and Individualswith DisabilitiesGrant Program Guidelines Consistentwith FTA 5310 requirements, at least55% of funds must be used for "traditional"capitalprojects.That is,those publictransportationCapitalprojectsplanned, designed,and carried out to meet the specificneeds of seniors and individualswith disabilitieswhen publictransportation isinsufficient,unavailable,or inappropriate.
As a result,the Operating projectscategory islimitedto a totaltargetof $3.8 millionaward maximum, and the funding that goes to operations cannot be greaterthan 45% of the totalavailablefunding.
CapitalProjects
EligibleActivitiesProject Types
Vehicle and Equipment
Acquisition:
Vehicle leases or purchases
Purchases under $10,000 for computer hardware and equipment if the hardware and equipment are tiedto an operating need and do not meet the minimum requirements of a capitalproject.Justificationfor how the hardware and equipment isdirectlytied into the function of an operation willbe required inthe applicationsnarrative.
Small CapitalPurchases:
Capitalprojectswillconsist ofvehicleleases or purchases. This includes buses and vans with the purpose of transporting seniors and individuals with disabilities. Vehicles may be either new or used (in good condition).Vehicles may be replacements for those currently in operation that have met or exceeded their useful lifeor vehicles to allow expansion of service.For a projectto be categorized as replacement vehicles,the vehiclesto be replaced must be in activeservice during the applicant'snormal days and hours of operation. Unless an acceptable justificationisprovided, the vehicle should have met a minimum useful lifeor will meet the usefullifeat the point the replacement vehicleisput into service.
Each vehicle acquired (both purchased and leased) must be Americans with DisabilitiesAct (ADA) accessibleand provide a minimum of 10 hours of serviceper week, where serviceisprovided by the awarded applicant or in coordination with other agencies. Zero-emission vehicles(ZEV) and zero-emission buses (ZEB) are encouraged; however, the purchase or installationof ZEV charging equipment isnot an eligibleexpense of the EMSD program.
CalACT PurchasingCooperative
Agencies may acquire vehiclesthrough the CaliforniaAssociationfor Coordinated Transportation (CalACT) Purchasing Cooperative; however, this isnot a requirement of the EMSD program. Agencies that plan to acquire vehiclesthrough CalACT must notifyOCTA of theirintentas part ofthe application.
For more information,pleasevisithttps://calact.org/or contact Dan Mundy at [email protected] or 916-920-8018 (Office) VehicleAcquisitionCost-EffectivenessRequirements
The purchase of used vehicleswillbe allowed when the proposed used vehicle isdetermined to be more cost-effective than the purchase of new vehiclesand meets the additionalused vehicleprovisionsnoted below. Applicantswho opt to request funding for the purchase of used vehicles,must provide a cost-benefitanalysisas part of the projectapplication clearlyindicatingthat the purchase of used vehiclesismore cost-effectivecompared to the purchase of new vehicles.
The leasingof vehicleswillbe allowed when itisdetermined to be more cost-effectivethan purchasing vehicles.Applicants who opt to request funding for leasing must provide a cost-benefitanalysis as part of the project applicationclearly indicatingthat leasingismore cost-effectivecompared to purchasing.A draft leaseagreement must be included as part of the application,and a finalleaseagreement shallbe provided to OCTA upon agreement execution.
Cost-effectivenessmethodology willbe at the discretionof each applicantagency and should be prepared ingood faith. 3 5-24
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Additional Used Vehicle Provisions
Used vehiclepurchases willbe allowed so long as they meet the followingcriteria:
• Vehiclesare lessthan three years old (based on model year), • Vehicles have lessthan 65,000 miles,
• Vehicles are under warranty,
• Applicantsprovide proof that multiplevendors were contacted for comparable prices, • A mechanical inspectionmust occur prior topurchase, and • Vehiclesmust be fullyADA compliant or willbe modified to be ADA compliant - includingramps, tiedowns, and other safetyfeatures.
Additional Leased Vehicle Provisions(under warranty and inspected priorto purchase) • Vehiclesare lessthan three years old (based on model year), • Vehicles have lessthan 65,000 miles,
• Applicantsprovide proof that multiplevendors were contacted for comparable prices, • Vehiclesmust be fullyADA compliant or willbe modified to be ADA compliant - includingramps, tiedowns, and other safetyfeatures.
Equipment Purchases
The Capitalprojectscategory may also includethe purchase of service-relatedequipment such as wheelchair lifts,ramps, and securement devices as well as computer hardware (i.e.,computers, keyboards, mouses, dispatching devices and software, etc.).ZEV charging equipment isnot an eligibleequipment purchase.
Applicants must submit at leastone equipment quote consistent with the application,detailingkey characteristics.
Multiplequotes are preferred.These willserve as an Independent Cost Estimate (ICE),and the lowest quote provided will determine the grant amount.
Operating Projects
Operating projectswillconsist ofmobilitymanagement and operating assistance.
EligibleActivitiesProject Types
Coordinating Transportation Services,Traveler/ClientCallCenters,Driver/TravelTraining^ and/or Coordinating/DispatchingCommunications System
Labor (Staffing)Expenses, Materials (Fuel, Office Supplies), Continuation of Services, Contracted Services,and/or Firstand Last-MileTrips
MobilityManagement:
Operating Assistance:
Award Limitationsand Matching Fund Requirements
Applicants may submit applicationsfor eitherone or both categories.However, the totalfunding request per applicant may not exceed $1.5 million(does not includelocalmatch), as noted inthe applicationand projecttype table below.
For the purposes of the EMSD Program, match refersto any non-EMSD funding contributioncommitted and provided by the lead agency to support a share of the total project expenses. Projects will be required to provide a cash match consistent with the table below.
Please note that matching requirements were temporarilyreduced as part ofthe 2021 EMSD Program to allow applicants to restore serviceand support recovery from the coronavirus (COVID-19) pandemic. This reduction isremaining inplace as part of the 2024 EMSD Program to allow continued recovery and to address ongoing supply chain issues. ^Traveltrainingisone-on-oneindividualizedtrainingthat gives people with seniors and individualswith disabilitiesthe skillsrequired to travel safelyon fixed-routepublictransportation.
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Minimum
Grant Request
Maximum Grant
Request
Minimum Match
RequirementApplicationand ProjectType^
Capital:Vehicle purchases, leases,and limited
supporting equipment $100,000 $1,000,000 10%
$10,000 $99,000Capital:Standalone CapitalEquipment Purchases 10% $100,000 $1,000,000Operating: Operating Assistance 20%
$50,000 $300,000Operating: Mobility Management 10%
Indirect Costs
The program willallow for no greater than 10% of requested funds to contribute to indirect costs. This will be applicable to the operating category only. Applicants should factor in thislimitwhen structuringtheir proposed projectbudgets, demonstrating a clear understanding of how the grant funds willbe effectivelyutilizedfor both directand indirect costs.
Examples of indirectcosts thatcould be considered include:
• General administrative and overhead costs.
• Office supplies.
• Development of specificationsforvehicles
and equipment.
• Staffsalaries(forcapitalapplications).
• Technical assistanceand planning activities.
• Any other costs deemed necessary for the administration, planning,or technicalassistancepurposes of the project.
Contingency Costs
Contingency isallowed for unforeseen circumstances,such as cost increasesor projectdelays,amounting to 5-10% of the total requested funds in proposed project budgets. This allocationensures adaptabilityto changing conditions while minimizing disruptionsto projectimplementation.
Evaluation Criteria
Applicationswillbe considered for funding based on the evaluation criteriaand point distributionshown in this section.
Capitaland Operating projectswillbe scored differentlywith the criteriadetailedin theirrespectivetables.The criteria alignwith federaland stategoals forthe Section 5310 program and are the basisfor reviewingand selectingapplications.
Allprojects arerequired to be included inthe 2020 Coordinated Plan.
CapitalEvaluationCriteria
Maximum
PointsCapitalProjects
A. Goals and Objectives - Project isconsistent with overallEMSD Program goals and objectives and meets all program requirements of providing transportation related activitiesand/or servicesbeyond those required by the ADA.
6 B. Abilityof Applicant - Evidence of the applicant'sexperience providing existingtransportation serviceor socialservicesfor elderly or disabled individuals.Scored questions willalso include points for agency programs/plans including driver/traveltraining, dispatching, California Highway PatrolInspections.
10 ^SeecompleteexamplesofeligibleoperatingactivitiesandvehicletypesonCapital Projects. 5 5-26
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2024 Enhanced Mobilityfor Seniors and Individualswith DisabilitiesGrant Program Guidelines C. Coordination Planning-Assessment of availableservicesthat (1)meet the needs of seniorsand disabled individualsand (2)identifygaps in serviceor equipment needs. Scored questions will ask how the applicant provides strategies,activities,and projectsto identifythese gaps and achieve efficienciesin service.Discuss the coordination planning your agency conducts with other agencies.
6 D. Outreach and Feedback-Assessment of how the applicanthas conducted outreach with senior and disabled clientsto ensure theirneeds are being met and adjustments to serviceare made accordingly.
5 E. Transportation Service - Evaluation willbe based on project type - replacement, expansion vehicles,and/or equipment. Replacement and expansion vehicleswillreceive ratingsbased on mileage,servicehours per week, and number of people served. Equipment willbe scored based on number of vehicles within the fleet which are coordinated and service efficiency enhancement with the new equipment.
18 F. Emergency Planning and Preparedness - Evaluation is based on standards for emergency planning and preparedness, extent to which emergency plans and drillactivitiesare provided, and whether applicantisincluded inCounty Office ofEmergency Services(OES) response plan. 5 Additional Considerations to Application Scores
a. AccountabilityMeasure-Consideration of applicantspast projectdeliveryperformance will be evaluated. 5 points may be deducted.
-5
Total Points 50
Operating EvaluationCriteria
Maximum
PointsOperating Projects
A. Goals and Objectives - Project isconsistent with overallEMSD Program goals and objectives and meets all program requirements of providing transportation related activitiesand/or services beyond those required by the ADA.
10 B. Project Implementation - Extent to which applicant provides a well-defined and detailed operations plan with defined routes,schedules,current/projectridership,key personnel, and marketing strategieswith supporting documentation for carryingout the project. 15 C. Program Performance Indicators- Extent to which applicant provides clear,measurable, and outcome-based performance measures and indicators,which show a logical,reasonable, and quantifiablemethodology to trackthe effectivenessof the project. 10 Extent to which applicant identifiesD. Coordination, Outreach, and Sustainability communications and outreach plans and goals to target populations that benefit from EMSD program. Evaluationalso based on applicant'seffortsand accomplishments incoordination with other transportation and/or socialservicesin the project area and extent to which applicant identifiesplans to sustain a new, expansion, or continuation program beyond the two-year funding cycle.
11 6
5-27
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines E. Emergency Planning and Preparedness - Extent to which applicant identifiesstandards for emergency planning and preparedness and provides emergency plans and drillactivities,and whether applicantisincludedinCounty Office ofEmergency Services(OES) response plan. 4 Additional Considerations to Application Scores
b. AccountabilityMeasure-Consideration of applicantspast projectdeliveryperformance will be evaluated.5 pointsmay be deducted. -5
50Total Points
AccountabilityEvaluation
The 2024 EMSD call willevaluate applicantson past projectdeliveryperformance. Up to fivepointsmay be deducted from the overallprojectscore for applicantswith a historyof poor past projectdeliveryperformance includingin contract execution, timing of expenditures and invoicing,and overall program understanding. This evaluation will ensure continuationof responsibledeliveryof EMSD-funded projects.
Provisions of Use Criteria
• Upon approval by OCTA's Board, awarded applicantswill be notified and will be required to enter into an agreement with OCTA to startthe projectand receivefunding.The agreement willremain in effectthroughout the project'sserviceperiodor the equipment's usefullife. • For vehiclerequest,grantees are responsibleforthe proper use,operatingcosts,and maintenance of all vehicles and projectequipment, and must be prepared to comply with allapplicable regulationsand requirements. • Applicantsare responsibleformanagement, oversight,and controlover the operations of contracted serviceand purchased equipment. Appropriate documentation must also be maintained and provided upon request during the projectterm and through the usefullifeof the assetor through the serviceperiod. • For non-profitapplicants,non-profitstatusmust be documented as "active." • Publicagencies are required to complete a publichearing prior to the applicationdeadline to verifythat they would not be nominating overlappingservicesor providingserviceswhere a non-profitcould.More information on thiscan be viewed inthe PublicHearing for PublicAgency section.
Timely-Use of Funds
Funding willbe made available forFY2024-25, FY2025-26, and FY2026-27. All reimbursable work should be completed within the timeframe outlined inthe executed agreement.
For Capital projects,applicantswillbe required to award a contract or execute a purchase order by June 30 of the programmed FY. Applicantswould then have 24 months from the award or purchase to receive and/or installthe equipment. The contractaward or purchase date willserve as the startof the 24-month performance period. The expenditure deadline willalso startat the contractaward or purchase and alleligibleawarded funds must be expended by the end of the 24-month period.Extensions of up to one additional expenditure year (12 months) will be considered on a case-bv-case basis with a formal letter indicating reasons for the extension.
For Operating projects,awarded applicantswillbe requiredto show evidence that they have entered intoa cooperative or serviceagreement, as applicableto the funded project,and must startservicebased on the schedule provided and by June 30 of the programmed FY.For existingoperating agreements, applicantsmay request funds to continue service. The date of the OCTA/Agency cooperativeor serviceagreement or startof the continuation of serviceusing the grant funds willbegin the 24-month period of performance.
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Funding for projects that have not (1) started within the FY programmed and (2) have not invoiced within 60 days of the end of the FY, may be forfeited and projects willbe subject to OCTA approval for any delays. Extensions of up to one additional year (12 months) will be approved on a case-by-case basis.Requests should be made through a letter indicating reasons for the delay and how funds willbegin invoicing by June of the extended FY.
Extension Requests,Scope Changes and CostSavings
Scope changes and extension requests are considered on a case-by-case basisand requests must be submitted via email to OCTA EMSD email at [email protected]. Typically,to consider a scope change for approval by staff,OCTA expects the projectbenefitsto be the same as what was provided in the originalapplication.Ifthe projectdoes not deliver the same benefits,the projectrequest willeither be denied or presented to the OCTA Board for consideration.Applicants must provide an explanation and justificationforthe change and include documentation for how project benefitswill be impacted and how they compare to the benefitsproposed inthe originalapplication.Please note that projectextensions are not guaranteed, and OCTA encourages awarded applicantsto initiateand complete projectswithin the originalperiod of performance of the grant.
OCTA willcomplete a thorough evaluation of the scope change and/or extension request and the potentialimpact to the project(s)benefitspriorto making a recommendation. Major scope changes which significantlyimpact the benefitsmay requireapproval by the OCTA Board of Directors.Ifthe applicantreduces the scope of an approved projecta reduction in EMSD funds must be applied proportionallyto maintain the approved localmatch percentage.
Cost Savings.
Reduced costs associated with a scope reduction willnot be considered cost savings.Savings at project completion will either remain with OCTA or be returned to OCTA, ifalready paid out to the agency.
Cost Increases
The EMSD Program willnot cover project cost increases for awarded projects.Applicants commit to cover any cost increasesbeyond awarded funds and match requirements.
Invoices and Reimbursements
Costs incurred priorto the startof the executed agreement willnot be reimbursable unless requested by exception.
The EMSD Program requires that payments to the agency occur on a reimbursement basis,with exceptions for vehicle purchases noted below. Therefore, the lead agency must incur and pay for project costs priorto invoicingOCTA for reimbursement. The lead agency willbe required to provide proper documentation with theirinvoicesto validate that the expenditure was properly incurred.For applicants purchasing vehicles,they willbe allowed to invoice up to 65% of the purchase order amount covered by OCTA upon receiptof a verifiablepurchase order.The remaining 35% willbe paid upon deliveryand acceptance of the vehicle(s),consistent with the total project cost and considering the required match.
Subsequently, the payments willbe distributedto the lead agency, which then utilizesthese funds to settleproject costs, includingpayments to vendors forvehiclepurchases.
Applicants may begin invoicingfrom the date theircontract agreements with OCTA are executed. Reimbursements will be dispersed upon review and approval of a complete expense report, performance report, and consistency with the cooperative agreement requirements and specifications.Invoices for capitalmust be submitted no laterthan 30 days after the end of the month in which the expenditure occurred, with the exception for vehicle purchases. For operating projects,invoicingwillbe required at minimum on a quarterly basis consistentwith the quarterly reporting schedule provided.
Applicants are expected to submit a finalreport form and closeout form within 90 days of projectcompletion. 8 5-29
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Project Type Reimbursement Process
Capital:Vehiclesand Equipment Vehicles:OCTA willpay up to 65% of the award amount (OCTA's share)of the cost up front,based on verifiablepurchase order less the requiredmatch. The remaining35% willbe paidupon applicant's deliveryand acceptance of the vehicle.
Any funding not initiallypaid out from the grant willbe disbursed consistentwith the totalprojectcost and consideringthe required match, following confirmation of receipt of the vehicle and/ or equipment. Applicants must submit an invoice no later than 30 days afterthe end of the month followingvehicleacceptance.
Equipment: Applicantsincurthe expense and request reimbursement from OCTA once the equipment has been deliveredand accepted at the agency.
Operating: Operating Assistance, Mobility
Management, Driver/TravelTraining,and/or
firstand last-mile connections.
Applicantssubmit invoicesto OCTA on a quarterly basis,lessrequired match. (See quarterly reportingdue dates below)
Ifawarded, successful applicantswillenter intoa cooperative agreement with OCTA specifyinggrant requirements.
Reporting
Awarded applicantswillbe requiredto submit a quarterlyreportto allow OCTA to monitor progress on the projectand ensure that the projectwillbe completed within the period of performance of the grant.Quarterlyreportingforms will be availableon the EMSD website.Awarded applicantsshould startsubmitting quarterlyreportsto OCTA once cooperative agreements are executed. Monthly data, see quarterly report templates, isto be submitted on a quarterly basis, in accordance with the reporting schedule below:
Performance Period Quarterly Report Due Date
April30'*'Quarter 1:January-March
July 30*^Quarter 2: April-June
October 30*'^Quarter 3:July-September
January30‘''Quarter 4: October-December
The final invoice for vehicles must be submitted 30 days following the end of the month in which the expenditure occurred. The finalinvoice for operating must be submitted 30 days following the end of the quarter in which the expenditure occurred.Once the projectiscomplete; the applicantisexpected to submit a finalreport form and closeout from 90 days followingissuance of finalpayment. Finalreport and closeout templates willbe availableon the EMSD website following theprojectaward.
Insurance Requirements
The followinginsurance isrequired,subjectto change at the time of award:
• Commercial general liability(includesproducts/completed operations, independent contractors, contractual liability,personal injuryliability,property damage) minimum limit$1,000,000per occurrence,$2,000,000general aggregate.
• Automobile liabilityinsurance to include owned, hired,and non-owned autos combined singlelimitof$1,000,000. • Workers' compensation with limitsas required by the State of Californiaincludinga waiver of subrogation in favor of OCTA, itsofficers,directors,employees, or agents.
• Employers' liabilitywith minimum limitsof $1,000,000. 9 5-30
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines Proof of coverage, includingcertificatesand endorsements, willbe requiredas part ofthe CooperativeAgreements if selectedforfunding.OCTA willreservethe rightto request policyreviews inresponse to any loss.
AdditionalProgram Requirements
The followingStateand Federalrequirementsare requiredas part ofthe cooperativeagreement and aresubjectto change at the time of the award. It isimportant to note that documentation of meeting these requirements could be reviewed, inspected and/or audited,in additionto the requiredreportsthat are to be submitted to OCTA by the OCTA Project Implementation contact at the discretionof saidcontact duringtheirvisitsto your agency'soperatingsite(s).The following requirements do not need to be included inthe reportsintheirentiretyso longas they can be verifiedinperson and the required reportingforms are completed accurately.
RequiredDrug and AlcoholProgramsand RelatedReporting
Ifawarded, applicantswillbe requiredto comply with the requirements of the Drug-Free Workplace Act of 1988, the CaliforniaDrug-Free Workplace Act of 1990, and the U.S.Department ofTransportation(USDOT) drug testingregulations.
Applicantsand theirsubcontractorsperformingsafety-sensitivetasksaresubjectto the same regulations.Beforefinalizing any agreements, selected applicants must establishand enforce a substance abuse program inaccordance with state and federalrules,with ongoing revisions toensure compliance.
OCTA recognizesthat some agencies may have existingDrug and Alcohol Programs inplace.For example, testsused to comply with Federal Motor CarrierSafetyAdministration(FMCSA) requirementsmay alsobe used to comply with EMSD program requirements provided that they cover the same time period required.
Awarded applicantsalsoagree to periodicreviews of the drug and alcoholtestingprogram by OCTA and/or a designated representative.These reviews willencompass a thorough examination of program-related forms, documents, and procedures employed by the awarded applicantand itsserviceagents, includingthe CollectionSite,Drug Testing Laboratory, Medical Review Officer, Substance Abuse Professional,and Consortium/ThirdParty Administrator(if applicable).Any identifiedprogram deficienciesor findingsmust be promptly rectified.Correctiveactionsshould be documented forreview by authoritystaffor designatedrepresentatives.
Documentation supporting compliance with the aforementioned regulations must be provided to authorized representativesof USDOT or itsoperating administrations,the State of Californiaoversightagency, or to OCTA and/or theirdesignatedrepresentativeto inspectthe facilitiesand records associatedwith the implementation of the drug and alcoholtestingprogram.
The awarded applicantisresponsibleforsubmittingan annual Drug and AlcoholTestingReport to OCTA usingthe current Drug and Alcohol Testing Management Information System (MIS) Data CollectionForm published by the FTA. The annual reports are due no laterthan the 30*'’of the month following the close of each year. Forms can be found here: https://www.transportation.gov/odapc/Part40/Appendix-J. • Closeof each year (January- December) - on or by January 30of the followingyear Additionallyon an annual basis,no laterJanuary 30'^of each year following the close of the previous calendar year for review,applicantsare requiredto:
• Submit to OCTA allrequireddrug and alcoholtestingdata usingthe appropriateFTA prescribedforms; and • Provide certificationsfor allServiceAgents (Includes,but not limitedto:The CollectionSitefor Urine Specimen Collectors,Breath AlcoholTechnicians,ScreeningTestTechnicians, Oral FluidCollectors,Medical Review Officers, and Substance Abuse Professionals)
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines It isrecommended that the individual(s)responsiblefor monitoring the applicantagencies Drug and Alcohol Program attend the Transportation Safety Institute's(TSIs)courses on:
1. Substance Abuse Management and Program Compliance (FT00465)
2. Reasonable Suspicionand Post-AccidentTesting Determination Seminar (FT00566) These courses are to be completed within one year or as soon as practicalafterinitiatingyour program and included as part ofthe annual report(due January30*'').Ifyour agency already has a Program in place and individualswho manage the Program, have previously completed trainings,please include applicabledocumentation as part of your annual report.
Given the only offered for 2024
(see: https://www.transportation.gOv/sites/dot.gov/files/2024-02/TSIFY-24TransitTrainingSchedulev.9012424.pdf for course schedule),course signup confirmations for the followingyear willbe accepted as proof of intentto complete the courses at a later date. If your agency chooses to proceed with this option, you must be able to show proof of completion for the following years report. More information on the TSI,their courses, and instructionsfor how to sign up for and attending courses can be viewed in further detailhere: https://www.transportation.gov/tsi/transit-safety- and-security.
Junecourses are once a year in
An awarded applicant'sfailureto comply with these requirements may resultin nonpayment or termination of any entered agreements.
Required DriverTrainingforVehicles
Applicants will ensure that its operators or its contracted vendor's operators, are properly licensed and trained to proficiencyto perform duties safely,and in a manner which treats itsriderswith respect and dignity.Disability awareness and passenger assistancewillbe included inthistraining.
It is required that the individual(s)responsible for operating vehicles for the applicant agency complete the Passenger Assistance, Safety and Sensitivity(PASS) Basic Online course offered by the Community Transportation Association of America (CTAA). More information on the course and instructionsto complete the industry standard trainingisavailablehere:https://ctaa.org/pass/.
This course isto be completed within one year or as soon as practicalafterinitiatingyour program and included as part of the annual report (due January 30*'^).Ifyour operators have already completed the training,please include applicabledocumentation as part of your annual report.Ifyour agency participatesin another applicableand industry acceptable driver-relatedtraining,includethisto satisfythisrequirement.
Required Maintenance for Vehicles and Equipment
Agency willperform, or ensure that a contracted vendor performs maintenance of allawarded vehiclesincluding:
• Maintaining maintenance records for each vehiclefor five(5)years;and • Ifrequired,cooperation inannual motor coach carrierterminal inspectionsconducted by the CaliforniaHighway Patrol (CHP).
Useful LifeRequirements for CapitalProjects
Ifcapitalpurchases (vehicles,equipment, software,etc.)are purchased with EMSD funds, itisexpected that these items willbe used for their entire usefullifeand/or through termination of the service(see timely use of funds).Iftermination occurs priorto the completion of the capitalitem's usefullifeand/or grant term, the applicantshallrepay OCTA the same percentage of the sale price [or estimated value of the asset(s)]based on straightline depreciation of the asset(s) consistentwith the EMSD percentage of initialpurchase. Useful lifeshallbe documented in projectagreements. 11 5-32
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2024 Enhanced Mobility for Seniors and Individualswith DisabilitiesGrant Program Guidelines SubmittalRequirements
A completed applicationwillcontain the followingdocuments:
• Completed capitaland/or operatingapplicationwith corresponding attachments; o Applicationtemplates are availableon the programs webpage, applicationsmust be submitted following these templates or willnot be considered;
• Non-profitsmust provide verificationof non-profitstatus as "active". • Localcitiesor county agencies must submit documentation of public hearing(s); • Resolutionfrom governing body or similarconfirming match commitment and legalauthorityto submit; • Benefit-costanalyses forvehicleacquisitionsifapplicable; • Any other required documents, such as documentation of reduced service(ifapplicable),copy of your agencies most recent financialstatement or singleaudit ifapplicableand have previouslyreceived federalfunding,vehicle photos, etc.(referto applicationfor required documents).
Incomplete applicationswillnot be considered for funding, so please ensure that allsubmittals contain allthe required documentation. Important documents regarding the 2024 EMSD Program are availableon the EMSD website.
Applicantsto the 2024 EMSD Program willnot be required to submit hard copy applicationsto OCTA. Electronicproject applicationsforthe 2024 EMSD callmust be received by OCTA no laterthan 5pm June 27, 2024, via a SharePoint location, please email Denise Siffordat dsiffordl(S)octa.netor Vic Mireles at [email protected] for specificSharePoint file access.
Late applicationswillnot be accepted or considered,so please ensure that you have uploaded allrequired documentation ahead of the applicationdeadline.It isrecommended to upload documents at least 48 hours ahead of the submittal deadline to allow for time for troubleshooting ifneeded.
Information on how to submit electronicprojectapplicationswillbe posted priorto the callon the OCTA EMSD website'*.
Applicantsto the 2024 Enhanced Mobilityfor Seniors and Individualswith DisabilitiesGrant Program willnot be required to submit hard copy applicationsto OCTA. Hard copies of applications will not be accepted.
OCTA Contacts
EMSD Program Managers
Primary
Vic Mireles
Transportation Funding Analyst
Email: [email protected]
(714) 560-5025
Secondary
Brandon Lesser
Associate Transportation Funding Analyst
Email: [email protected]
(714) 560-5076
Project Implementation
Martin Browne
Senior Community Transportation Coordinator
Email: [email protected]
(714) 560-5431
Alternate:
Louis Zhao
State and Federal Programming Manager
Email: [email protected]
(714) 560-5494
'*https://www.octa.net/proerams-proiects/programs/fundine-progr ams/call-for-proiects/emsd-grant-program/ 12 5-33