HomeMy WebLinkAbout1981-12-01; City Council; Resolution 6737. 'i
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RESOLUTION NO. 67-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA
APPROVING AN AGREEMENT WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANS-
PORTATION FOR A GRANT VAN TRANSPORTATION
PROGRAM.
WHEREAS, the California Department of Transportation has
iwarded the City a grant for a transportation project for the
2lderly and handicapped: and
WHEREAS, the City desires to carry out the project funded
~y the grant:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad,
Zalifornia, as follows:
1. That the above recitation is true and correct.
2. The agreement between the California Department of
Transportation and the City, attached hereto as Attachment 'A',
is hereby approved.
3. That the Mayor is hereby authorized and directed to
sign the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad, California, at a regular meeting held on the
day of kcenher , 1981 by the following vote, to wit:
1st
AYES : Council Wers Casler, hear, Lewis
NOES: None
ABSENT: Council Wers Packard,
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
d
c
0 City of CarLsbad Agr 1) Aement No, 64591
Page 1 of 8
AGREEMENT
SecretaryB s Discretionfiry Fund For Spcci.aL Public Transportation Needs
Fiscal Year 1980-81
This Agreement is made and entered ints this day of
the State of (
_1_- .. 19 in the State of California, by an,d between
Transportation (hereinafter rc€ei-red to as the State) and the
CITY Or" CARLSBAD (hereinafter referred to as the Contractor)
01, The Legislature appropriated the sum of $6,444,000 (six
million four hundred and forty-four thousand dollars) in
alloe&ticn by the Secretary of Bi~siness Transportation aiad
Housing for purposes of transportation for low-mobility individuals, including the c?!derly and handicapped (Chapter S1Q
Eudget Act of l980, Section 282,3),
02, The Ccntrzctor has submitted a project proposal for funding from the discretionary funds e
discretionary funds to the D2paEklnerlk of Tra.nsportation €cr
03. The Secre'cary of Business, Transportaki-on and HcQsiq has
selected the Contractor's project proposal for funding pursuant to
this Acjrcement.
04. The Contractoj: agrees ks carry out the public transportation
project (hereinafter referred to as the Project) described in Article 11 in accordance with the provisians of this Agreement,
05, After delivery of Project equipmilt, the @cnt::aetor agrees to perform the Project as folloos:
The Contractor shall establish and operate no less than eight hor;rs per dayp Mondey through Friday8 a system providiq trans-
porta'cion to elderly and handicapped persons. and providing mea.1
delivery services within ita area gcncra.2ly described as the City of Carlsbad and i'cs vicinity,
06. For the purpose of carq7j.q out the Project, .the Contractor shall purcliasc and operalie the Ir'oll.owil?,g described Project equip- ment and shall perform the folLowirig described Project services p~lrsuant to the Pig r.-ec;ncni;:
,. t
City of Carksbad 0 Ag @ ment No, 64591 Page 2 of 8
Equipment ::
a. One 19-15 passe~ger vara including a wheelchair lift and "Lie--down eqaipmexlt
Services:
be Operation of transports-tion and meal delivery service,
07. The foldowing amounts are thc estimated cost o€ the Project eqzipn'cnt and services:
mount
a, Vehicle, whee1cl~af.L- lift, and tie-dowil
equipment, $20 f 000
b. Operations:
Driver's salary 9,700
08,
of the Project equipment and services, In no ewnt shall the
State's total obligation under this Agreement exceed the armant of
S4Z,5OO0 The State and the Contractor recofjnize that such a sui2 may not be sufficient to carry out the actual total. cost cf
performing the Project; ~CV:'EVCZ, li3 does constitute the maxim~n
Stake eontribukion toward performance of the Pro jecta
~i?e State agrees to pay the ~ontkaetor tile actual total cost
09, The Contrackor shall submit to the State itemized invoices, on official printed form or letterhead, signed by an authorized agent, in duplicate, with aI.1 informakion necessary to support payment, showiracg actual expenditures for the period Based upon
these itemized invoices, the State shall pair the Contractor the
State's sharlre of the Project costsp but not mure fregti2nt3-y than once a month, All invoices shall be sent and addressed to:
State of Cabifomia, Departmiit of Transportation,, Division of Xass Transportation, Pragram DeveLopncnt and Evaluation Branch r"
P. 0, Box 1499, Sacranen~oy CA 95SOi,
0 City of Carisbad 0 Agreement No, 64591:
Page 3 of 8
for payment e Payment for services which i.iiclude operating
expenses, shalL bc based on net operating expenses after deducting fare revenues co11ected for said service,
31, performedl should properly supported invoices not be received by
the Skate before June 15, 1983.
No payment shall be made for equipment purchased or services
Article IV - Performance
92, This Agreement shal-l take effect immediately upon approval by
the State and shall terminate upon eonpletion of the Project, The
Contractor agrees to purchase the Project equipment (arid perform
khe Project services) no later than June 15, 1983.
13. Project eguipnent and services shall be proeured accordiq to the provisions zlf Attachment 0 of the Federal. Office of Manage:nent
and Budget Circu.lar A-LO 2, "Standards Governing State and Local Grantee Procurement" e AllowabZe prograrrt costs and allowabl-e
individual items of cost shall be di_?te-rm.ined in accorda.nee with the provisions af Federal Management Circular 74-4 "Cost
Principles Applicable to Gr,-ants and Contiracts with Stake and Local Governments 0
14, tors unless the Skate has given its prior approval in writing,
15, he ~ontrrilctor agrees that the Project eqtmlpnnent shail be
used for the pmvision of public transpsrtatian services as
described in Article 11 for a period of (three years r'ar vans) I (fi-.t.e years for vehicles costing less t.han $30,000 which not
vans) (ten years for vehicles costing zmre than $30,000 ) (twenly
years for buildings) from .the date of piirchase or until such tine
as the eyuipxten.'~ has no further useful life, whichever OC'CUTS first, The Stake shall determifie whether the equipment has further useful life and shall inforxi th'e Contractor in writing of
No portion, of the Project shall be ',performed by subcontz"acz-
i I; s de tt3 ~III i. fa t i 0 ir*i
16e Said Prcject shall be comistent with the Action Plan prepared under the reguirernents of Section 15975 of AL3 320
(Chapter 1120 I Statutes of 1979 1 by the designated transportation planning agency within $nose geographic jurisdiction the Project
is loca.t-ed, l.'his requirement sha.il also apply to projects sponsored by said transpcrt.ation planning agencies Said Project
shall also participate in arm coordination activities as deemed appropriate by the ConsoTidated Ycansportakion Service Agency as
defined by Subdivision (a) of Section 3-5975 of the Government
Code e
17. Up.ou? sucrrcssfuf c;omp.tetion of the Project, the Contractor nay retain the cq:iip;nent purchased under this Agreement only if the
equipifictlt remains in public service similar to that offered diar.i.ng the !?rojcc?-,. If thr? ccjuipmcnt is not uscd in similar public
f-
~~ ~ . ._ . . . . . . .. . . . ,”. 4
‘,
0 City of Carlsbad a Aqreernent No, 64591
Page 4 of 8
servicep the equipment must be disposed of in accordance with
Article 17,
Article V - Termination
18. Tine Stat? may terminate the Project upon a finding by the
State that the Contrackor has not carried out the Pmjeet as sct forth in this Agrcemer,t, or has otherwise failed to comply with the provisions of this Agreement Termiiiation shall be by ~7ri“Lten notice specifying the reasons for termination and giving the Con-
tractor thirty days to correct the default, The State shall be
the sole judge as to whether the ContractorFs corrective measurcs are adequate
-19. The Project may also be terminated if the Stake and the Con-
tractor agree that continuation of the Project would no@ produce
beneficial results commensurate with the further expenditwe of fundsI or if there are inadequats funds to eoritpletc the Project.
20,
this Agreement, or if upon eompletj.on the equipment does not
remain in public service any nonexpendable property, the acquisi-
tion or construction costs af which were charged to the Project, shall be disposed of and the proceeds eredi.ted to the Project account. ~I-ii. Contractor may either keep the subject properky and
credit to the Project account ai? amount equal to its fair: market valuer or sei1 such property at the bcst price obtainable at a
public or private sale in accordance with established State proce- dures, If the Contractor elects to keep the property, fair market
value shall be determined on the basis of a coEpeter,t independent appraisal of suck property, Appraisals shall be obtained groin an appraiser mutually agreeable to the State and the Contractor, If
it is determined to sell the praperty, the terms and conditions sf
such sale must be approved in advance by the State, Any money credited to the Project account shalZ be refunded to the State,
If the Project is .ternninated prior to its cumplei:ion. under
Artic1.c VI - Insurance and Liabi12’- A LY
21, The Contractor shaLl maintain, throughout the tex9 of this contract adeqizate prctecticn against liability for damages for
personal hoclil17 injuries (includixj death resulting therefrom) and
for damage or destruction of property, whether the properky of one or inore claimant, in amounts not less than ’che amounts required by
the California Public: Utilities Commission for passenger stage c 0 r po r a t i 0 ns i(
Article VI1 - Reports, Records and A:idj.tts
City of Carlsbad Agr. 9 ment No, 64591
Page 5 of 8
package inclilding vehicle spcei.fications shall be sent and
addressed to: State of California, Department of Transportation, Division of Xass Transportation Program Development and
Evaluatior. Branch, P, 0, BGX 1499, Sacramento, CA 95807'*
23, %he Contractor's accounting and financial repartiq system
shall be in accordance with generally accepted accounting princi-
ples or with unifom standards t31a.t the State may establish, The Contractor shall establish and maintain a separate account speci-
fied. €or the fiscal activities OK the Project.
24, All fiscal and accocnting records and other supporting papers of the Contractor and its subcontractors shall be maintained for a
nii~in~i of three years following the close of the fiscal year of expenditure arid shall. be held open to inspection a.z;d audit by
State represezitativcs, Actual costs charged to the 2roject shall
be supported by properly executed payrolls time records
in~oices~ or vouchers, prqvidi~cj cvidenee in proper detail oE the
natur5 and propriety of the charges imzcurred by the Contractor and its subcontractors,
Article VI11 - Accessibility
215, NO person in the State of Califorfiia. shall, on the basis of
ethnic: group identification, RLL~LOR~ age sext colorp or
physical or me;sta3. disabiiity, be unlawflzLZy subjected to ais-
crimination urder any program or activity that is funded di.rectl-l7
by tkc State or receives any financial assistance froni the Skate,
26 Vehicles purchased pursuant to this Agreement for fixed route systems shall. be accessible to handicapped persons including but
not lirnited to, the physically arid nentall.y disabled,
..
%7 VehicLe5 p:irehased OF util.itEzed pus~ant to this Agreement I other than vehicles purchased for fixed route systems, shal.1 be
accessible to handicapped persons, incl,tiding,. but not limited to,
the pIiysicaf.iy and mentally disabled unLcss the Contractor !'s
transportation system, when viewed in its ex~tirety.~ is accessible,
If vehicles plrrcizascd pursuant .to this l\grrecment are not acces-
sible to handicapped persons, the State sha.11 tietermi.nc whether the Contracixr's transportation syske~ meets the accessibility
requirenents of this paragraph a,nd shall infom the Contractor in writing of its determination,
2EIi, Wheelchair Lifts for use in any bus except a school bus shall comply with the provisions of 75 tle 13 I California Administrative
Code, Sections I090--1095 and L2G9-1, as ancndcd.
City of Carlsbad a Agreement No.. 64S91
Page 6 ~f 8
Article IX - Contingency Fee
29. The Contrackor warrants, by execution of this Agreementr
that no person or sclling agency has been ernployed or retained
to solicit or secure this Agreenent upon an agreement or under- standir,g for a commi.ssion percentage brokerage or contingency
fee excepting bona fide employees maintained by the Contractor
for the purpose of securing such agreements,
Article X - Prohibited Interests P
30. During tenure or for one year th.ereafter, no menbere officer, or ernpj-oyee of the Contractor shall. have any interest, direct or
indirect, in this Agreement or the proceeds i:hereo€, The State
and the Contractor agree that to their knowledge no i3card memberr
officer, or enplsyee of the Contractor has any interest., whether contraactual noncontractual financial or otherwise in this
transaction, ox- in the busiriess of the contracting party other
than the Contractor and that, if any such interest comes to the
knowledge of ei.ther party at any time, a full and complete
disclosure GI? all st?cli information will be made in writing to khe
other psrty or parties, even if such interest would not be consizered a conflict of interest under Article 4 of Chapter l of
Division 4 (commencing with Section 1090) OT Division 4.5 (commencing with Section 3600) of Title 1 of the Governnent Code of the State of California,
Artiel-e XI - Minority Business Enterprises
3 1, The Contractor agrees that minority business enterprises
shall have the maximum opportunity to participake in the
performance of contracts finaficrd in whole or in part with funds provided under this t?.Efreement. For the purpose of tt2i-s provisi~n the tenn "nminor-ity busincss enterprise" refers to a business enterprise that is owned by c:r contjrolled by a. socially or
ecsnmiiually disadvantaged person or persons, Such disadvantage may arise from ctalturai racial I CT religioljs background I sex national origin, chronic economic: circumstances I or other similar
causes, Such persons may include, but are not limited to, blacks,
persons of I-1ispanj.c oirigin, Asians or persons from the Pacific Xslands American Indians and Alaskan natives e
.. , .. .. . .. . .. " ... .. . .. . I ,. .. .
', . *)
City of Carlsbad 0 Ag -merit No. 64591
Page 7 of 8
FAIR EMPLOYMEMY PRACTICES ADDENDUb.4
1. In the performance of this contract, the Contractor wili not discriminate against any employee or applicant
for empioyment because of race, color, t-eligion, ancestry, sex*, age*, national origin, or physical handicap*. The
Contractor will take af iirmative action to ensure that applicants are emp!oyed, and that employees are treated
. . dGring employnxnt, without regard to their race, color, religion, ancestry, sex*, age*, national origin, or physical
handicap*, Such action shill include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of cornpen-
sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail-
able to employees and applicants for employment, notices to be provided by the State setting forth the provisions
of this Fair Employment Practices section.
2. The Contractor will permit access to hisrner records of employment, employment advertisements, applica-
tion forms, and other pertinent data and records by the State Fair Ernployment Practices Csmmission, or any
other agency of the. State of California designated by the awarding authority, for the purpose of investigation to
ascertain compliance wiith the Fair Employment Practices section of this contract.
3. Remedics For WiilCul Violation:
(a) The State may determine a wiilful violation of the Fair Employinent Practices provision to have
occurred upon receipt of a finat judgement having that effect from a court in an action to which
Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices
Commission that it has investigated and determined that the Con-tractor has violated the Fair Employ-
.ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final,
or obtained an injunction under L2bor Code Section 1429.
(b) For willful violation of this Fair Emplcyment Practices provision, the State shall have the right to
terminate this contract either in whole or in part, and any loss or damage sustained by the Stale in
securing the gocds or services hereunder shall be borne and paid for by -the Contractor and by his/hcr
surety under the performance bond, if any, and the State may deduct from any moneys due or that
thereafter may become due to the Contractor, the difference between the price named in the contract
and the actual cost thereof to the State.
*See Labor Code Szctions 1411 - 1432.5 for furlher cielcils.
STD. 3 (Bj77)
'. a City of Carlsbad ereement No. 64591 - Page 8 of 8
XN WITNESS WHEREOF, the parties lwve executed this Agreement by
their duly authorized offlcers.
CITY OF CARLS BAD
Approved as to Form and Procedure:
---e. .__ ___-.-_- ----- Lee 17. Deter, Chief Date
D2visi.cn or' Mass Transportation
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