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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN CLEMENTE
FOR
PROJECT V AMERICANS WITH DISABILITIES ACT EQUIVALENT SERVICES This Amendment No. 1 is effective this _______ day of ___________ ___, 202__ (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY" or “OCTA”), and the City of San Clemente, 910 Calle Negocio, Suite 100, San Clemente, California 92672, a municipal corporation (hereinafter referred to as "CITY"), each individually known as “PARTY,” and/or collectively known as “PARTIES”.
WITNESSETH :
WHEREAS, by Cooperative Agreement No. C-9-1723 (“AGREEMENT”) dated December 10, 2018, AUTHORITY and CITY entered into a contract for the operating subsidy funds for the Project V Community-Based Transit/Circulator service’s Americans with Disabilities Act (ADA) equivalent services component (Project No. 16-SCLM-CBT-4050), hereinafter referred to as “PROJECT”;
WHEREAS, AUTHORITY’s Board of Directors (Board) authorized funding ADA equivalent services for CITY’s Rideshare Services Program on December 10, 2018 consistent with OCTA’s Project V policy at the time to fund ADA services separately from the competitively awarded project; and
WHEREAS, AUTHORITY’s Board authorized on August 10, 2020, as part of the March 2020 Semi-Annual Review changes to Project V Projects to allow Operations and Maintenance savings to
Attachment 2
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
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continuously roll forward into future years;
WHEREAS, AUTHORITY’s Board authorized on January 25, 2021, AUTHORITY to negotiate, execute, and amend as necessary all existing cooperative agreements for Project V Services in order to implement applicable changes consistent with the direction provided on January 25, 2021; and WHEREAS, AUTHORITY’s Board authorized on August 14, 2023, AUTHORITY to negotiate, amend and execute this cooperative agreement to extend the use of the funding through June 30, 2025, which also requires an extension to the termination of the agreement to June 30, 2026 to allow time for project close out; and
WHEREAS, this Amendment No. 1 updates some of the terms, conditions, roles and funding responsibilities between the AUTHORITY and CITY for PROJECT; and WHEREAS, CITY’s Council approved this Amendment No. 1 on this ______day of ______________________, 20__; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, Page 3 and 4 of 11, to delete paragraph A in its entirety and in lieu thereof insert the following:
“A. Upon receipt of an acceptable invoice that is also consistent with Article 5, AUTHORITY to reimburse CITY for one-hundred percent (100%) of eligible operating costs, less fares, for the transportation service that is providing ADA equivalent service to CITY’s Rideshare Services Program, known as “SCRIDES,” in the amount not-to-exceed Nine Hundred Thousand Dollars ($900,000) effective for service starting December 10, 2018 and ending on June 30, 2025.”
2. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, to make the following changes:
a. Page 5 of 12, to delete paragraph H in its entirety and in lieu thereof insert the following:
“H. CITY shall submit PROJECT reports to AUTHORITY using Exhibit C, entitled “Project V Quarterly Report,” which is attached to this Amendment No. 1 and by this reference incorporated AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
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herein, or through electronic submission platform as provided by AUTHORITY. CITY shall provide to AUTHORITY monthly revenue vehicle hours, revenue vehicle miles, boardings, project cost information, cost per boarding, and customer satisfaction information broken down by each month for the reporting quarter. Customer satisfaction may be reported in aggregate for the quarterly reporting period. Customer satisfaction surveys shall be conducted at minimum once a year starting with the execution date of this amendment.”
b. Page 6 of 12, to add a new paragraph P and insert the following:
“P. CITY shall be responsible for providing ample notification to its customers at a minimum of fourteen (14) calendar days prior to any significant service changes and/or service cancellation.”
3. Amend ARTICLE 5. REQUEST FOR REIMBURSEMENT, Page 6 of 12, lines 14 and 15, to delete “Exhibit B, San Clemente Project V ADA Equivalent Services Funding Schedule” in its entirety and in lieu thereof insert “EXHIBIT B, SCRIDES ADA FUNDING TABLE REVISED 1.”
4. Amend ARTICLE 9. ADDITIONAL PROVISIONS, to make the following changes:
a. Page 9 of 12, to delete “June 30, 2025” as the expiration date and in lieu thereof insert “June 30, 2026.”
b. Page 11 of 12, lines 8 through 20, to delete in their entirety and in lieu thereof insert the following:
To CITY: To AUTHORITY:
City of San Clemente Orange County Transportation Authority 910 Calle Negocio
Suite 100
San Clemente, California 92672
550 South Main Street
P. O. Box 14184
Orange, California 92863-1584
Attention: Laura Campagnolo Attention: Luis Martinez
City Clerk Senior Contract Administrator
Tel: 949-361-6135
E-mail: [email protected]
Tel: (714) 560-5767
E-mail: [email protected]
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
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With a copy that shall not constitute Notice:
Attention: Zachary Ponsen
Deputy Director of Public Works
Email: [email protected]
With a copy that shall not constitute Notice:
Cc: Charvalen Alacar
Section Manager,
Measure M2 Local Programs
Email: [email protected]
5. Amend Exhibit B, entitled “San Clemente Project V ADA Equivalent Services Funding Schedule” to delete in its entirety and in lieu thereof insert EXHIBIT B, “SCRIDES ADA FUNDING TABLE REVISED 1” attached to this Amendment No. 1 and by this reference incorporated into this Cooperative Agreement.
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
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IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-9-1723 to be executed as of the date first written above.
CITY OF SAN CLEMENTE ORANGE COUNTY TRANSPORTATION AUTHORITY By:
Andy Hall
City Manager
By:
Darrell E. Johnson
Chief Executive Officer
ATTEST:
By:
Laura Campagnolo
City Clerk
APPROVED AS TO FORM
By:
James M. Donich
General Counsel
APPROVED AS TO FORM:
By:
Elizabeth A. Mitchell
City Attorney
APPROVAL RECOMMENDED:
By:
Rose Casey
Executive Director, Planning
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
EXHIBIT B
Project No. 16-SCLM-CBT-4050 C-9-1723
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 TOTAL
FY18/19 FY19/20* FY20/21* FY21/22* FY22/23* FY23/24** FY24/25** Operations:
Operations OCTA Share 100%1,2 $ 128,571 128,571 $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ $ 900,000 Total Project Cost $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ 128,571 $ 900,000 OCTA reimburses these ADA costs at 100% of the actual cost. 1 Assumes $128,571 per year (1 through 7). M2 Funding amounts will be updated in OCFundTracker at the end of each Fiscal Year to reflect transfers of savings authorized by the OCTA Board on 8/10/2020. 2 Assumes $128,571 per year (8 and 9). M2 Funding amounts updated in OC Fundtracker at the end of FY22/23 to reflect savings authorized by the OCTA Board on authorized by the OCTA Board on 8/14/2023. *Allocation, as applicable, can be derived from transfers of savings from previous fiscal years beginning FY19/20, per March 2020 Semi-Annual Review Board action approved 08/10/20. Total grant amount not to exceed $900,000.
** Allocation can be derived from the (recinded) 2018 Project V award of funding increase for project extension, recommended for reinstatement by the August 2023 Semi-Annual Review. Board action approved 8/14/23. Total grant amount not to exceed $900,000
Exhibit B
San Clemente Project V Rideshare Services Funding Schedule, Revised 10/2024 SCRIDES ADA FUNDING TABLE REVISED 1
OCTA - PROJECT V QUARTERLY REPORT, REVISED 06.2021
TRANSACTION
ID
DATE
MM/YY
TRIP
(Day of
Week)
TIME
PICKUP
LOCATION1
Census Tract
Codes & Numbers2
DROP OFF
LOCATION1
Census Tract
Codes & Numbers2
TRIP DISTANCE
BY CATEGORY
TRIP TRAVEL
TIME
CATEGORY3
SERVICE
PROVIDER
(LYFT,
BUTTERFLI)
TOTAL TRIP
COST
(A)
FARE PAID
BY USER
(B)
NONOCTA
SUBSIDY
(C)
TRANSACTION
AMOUNT (NET
O&M)
[A - B - C] = (D)
1 - Location reporting based on Census Tract Codes and Numbers 2 - Pick-up and drop-off locations are within approximately 0.25 miles of former OCTA bus stops due to technical limitations 3 - Travel Trip Category identifies the period of the day at which the trip was taken (see table below) Trip Travel
Category3 Range Distance (2 mile
increments) Range
AM PEAK 6am-10am 0-2 1
MIDDAY 10am-4pm 2-4 2
PM PEAK 4pm-8pm 4-6 3
LATE NIGHT N/A 6-8 4
8-10 5
10-12 6
AMENDMENT NO. 1 TO
EXHIBIT C
RIDESHARE -- Ridership & Statistical Data
PROJECT V QUARTERLY REPORT
Operations and Cost Summary
NOTE: Agency must provide Rideshare operating and cost details in Excel (data table) and PDF formats COOPERATIVE AGREEMENT NO. C-9-1723
PROJECT NO. 16-SCLM-CBT-4050
OCTA - PROJECT V QUARTERLY REPORT, REVISED 06.2021
PROJECT NO. 16-SCLM-CBT-4050
EXHIBIT C
Month / Year No. Regular Service
Days
Hours of Service (HOS)
per Service Day
Total Hours of
Service (HOS)4
(A)
Total of Trip Costs
(B)
Boardings (Rides)
(C)
Total Boardings
(Rides) per HOS
(C / A)
Lyft 1 8.0 8.0 $ 88.00 8 1
Butterfli 0.0 $ - #DIV/0!
Month / Year No. Regular Service
Days
Hours of Service (HOS)
per Service Day
Total Hours of
Service (HOS)4
(A)
Total of Trip Costs
(B)
Boardings (Rides)
(C)
Total Boardings
(Rides) per HOS
(C / A)
Lyft 0.0 $ - #DIV/0!
Butterfli 0.0 $ - #DIV/0!
Month / Year No. Regular Service
Days
Hours of Service (HOS)
per Service Day
Total Hours of
Service (HOS)4
(A)
Total of Trip Costs
(B)
Boardings (Rides)
(C)
Total Boardings
(Rides) per HOS
(C / A)
Lyft 0.0 $ - #DIV/0!
Butterfli 0.0 $ - #DIV/0!
Describe method of measuremeant for Customer Satisfaction, including performance objectictives or thresholds:
Date of most recent customer satisfaction survey: Did customer satisfaction meet or exceed the local jurisdiction’s performance objectives? [performance results] If customer satisfaction did not meet or exceed the local jurisdiction’s performance objectives, please provide a plan to improve customer satisfaction with this report. Plan attached (or n/a)? Certified By:
Date:
4 - Hours of Service begins from the time service is available to the passenger(s). Lyft is currently using the 6 hour span of service across all transit programs in order to protect the privacy of the passenger.
SCRIDES code parameters ensure the reported trips incurred within the operating hours described in the project limits Customer Satisfaction
Performance Summary
RIDESHARE -- Ridership & Statistical Data
City of San Clemente
Cost per Boarding
(B / C)
$ 11.00
#DIV/0!
Cost per Boarding
(B / C)
#DIV/0!
#DIV/0!
Cost per Boarding
(B / C)
#DIV/0!
#DIV/0!
PROJECT V QUARTERLY REPORT
COOPERATIVE AGREEMENT NO. C-9-1723
AMENDMENT NO. 1 TO