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HomeMy WebLinkAbout1982-02-02; City Council; 6839-1; Agreement with S.A.C to Operate Van TransportationA K A Cl'b OF CARLSBAD AGENL, BILL AB# 1~p39 - * MTG. 2/7/82 ' AGREEMENT WITH SENIOR CITIZEN DEPT. HD.L ASSOCIATION TO OPERATE VAN TRANSPORTATION CITY ATTYpP I PROGRAM. DEPT. C -FI- lcin MOR.* RECOMMENDED ACTION: Adopt Resolution No. 677f approving Agreement with Senior Citizen Association to operate van. ITEM EXPLANATION : At its December 1, 1981 meeting the City Council approved an agreement with Caltrans for a grant of $41,500 to operate a transportation program for the elderly and handicapped. The van is anticipated to cost $20,000 and the balance of the grant ($21,500) will be used to operate the program until June 1983 when the grant program ends. The City plans to contract with the Carlsbad Senior Citizen Associ- ation to operate the van. An agreement with the Association has been prepared and is attached. The Agreement provides that the City will assign the van to the Association and the Association will carry out the program described in the grant. The City will reimburse the Association for program operating costs on a monthly basis. The City's financial obligation for operating costs will be limited to the amount of funds remaining from the grant after dedicating the cost of acquiring the van. The City reserves the right to use the van when not being used by the Association. The attached agreement has been approved by the Association at its January 20, 1982 meeting. The program is scheduled to start in February, pending final grant approval by the State and purchase of the van. FISCAL IMPACT: There will be no direct fiscal impact on the City during the initial phase of the program. All capital costs and operating expense will be supported by the grant. After June 30, 1983, the City is obligated to continue to use the van for transportation of the elderly and handicapped or return the van to the state. If the City desires to continue to operate the program after the initial phase, the program may have to be supported by general funds unless additional grant financing is found. At this time there is no certainty that grant funding will be available. EXHIBIT: A. Resolution NO. (0778/ -. - I 7 1 2 3 4 5 6 7 e 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITE THE CARLSBAD SENIOR CITIZENS ASSOCIATIOK FOR THE OPERATION ' OF A VAN TRANSPORTATION PROGRAM. - WHEREAS, the California Department of Transportation has awarded the City a grant for a transportation project for the elderly and handicapped; and WHEREAS, the City desires to carry out the project funded by the grant; WHEREAS, the City and the Senior Citizen Association desire to enter into an agreement for the operation of the program: NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad California, as follows: 1. That the above recitation is true and correct. 2. The agreement between the Carlsbad Senior Citizen Associ- ation 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 2nd day of February , 1982 by the following vote, to wit: AYES: NOES: None Council Wers Packard, Casler, Anear, Lewis and Kulchin 'ABSENT: Nom g&/A&/ RONALD C. PACKARD, Mayor ATTEST: , D - ' -- 2--- -- - . -*->v- I___. I____ . -- - - .' ATTACHRENT LT.-to >- - ., .Resolution > NO. 6778 AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFOFQJIA AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION FOR THE OPERATION OF A SENIOR CITIZENS TRANSPORTATION . PROGRAM. - THIS AGRE334ENT is made and enteFed into this , 1982, by and between the City of Carlsbad, _. day of ' California hereinafter referred to as the "CITY" and the Carlsbad Senior Citizens Association hereinafter referred to as "ASSOCIATION. " . ARTICLE 1 RECITALS 1. -The CITY has received a grant (attached hereto as . Exhibit A) from the State of California, Department of Transportation for funding in tiie amount of $41,500 for the purchase and operation of one van accessible to elderly and handicapped perkons to provide trans- portation.and nreal delivery service within the City of Carlsbad and vicinity. s. - 2. The CITY proposes to purchase a handicapped accessible van from proceeds of' the state grant. 3. The CITY will provide a van to t,he ASSOCIATION to carry . out the program described in the grant. - 4, The ASSOCIATION agrees to operate the prograE in accordance with the terms and provisions of the grant for the benefit: of senior citizens and handicapped persons within the City of Carlsbad and. vicinity. '. ARTICLE I1 PROGRAM DESCRIPTION 5. The ASSOCIATION agrees to provide drivers to operate the vehicle, rcaintain the vehicle, and .carry out bhe'purposes of the program as described in the grant. The ASSOCIATION will insure that (L' ' .. - ,- driver.s have appropriate *licenses and are properly supervised. The ASSOCIATION will insure that the van is safely and properly maintained. 6. The CITY agrees to reirburse the ASSOCIATION for operating the prosram from funds received from the state grant as provided. herein after. 7. The program will begin on or about February I, 1982 or as soon thereafter as practical, depending upon the delivery date of the van and final approval of the grant by the State. . ARTICLE I11 TERIvi OF AGREEMENT 8. This Agreement shall extend for a period of 18 nonths, following the beginning of the program unless extended. by mutual consent of the parties or terminated as provided herein. In no event shall this agreement'extend beyond June 30, 1983. . ARTICLE IV PAYKENTS '- * .- . 9. The ASSOCIATION agrees 'to.invoice CITY on a monthly basis for City's share of het 'operating expenses on- a form and with such documentation as required by the City's Director of Finance. bursement payments shall-be made on a net operating expense basis, after deducting fair revenues cbllected. .. Reim- , 10. The CITY agrees to reirnburs'e ASSOCIATION for net operating costs and maintenance not to exceed a monthly.rate to be determined by dividing the funds remaining from the grant after deducting the purchase price of the van by the number of months remaining under this Agreement. Operating and maintenance costs in excess of these amounts shall be paid by tile Association. .. - - *. . .. - ._ ~ -a -. . -,- ' - c, 11.' The CITY'S financial obligation under this agreement will be limited to the amount of funds received from the State for operating expenses for this program. 12. The ASSOCIATION shall establish a fare system to be approved by the City Manager. .. .. ARTICLE V ' ITJSUF'ANCE AKD LIABILITY 13. The ASSOCIA?ION shall maintain throughout the term of this agreement, insurance protection against liability for damages for personal bodily injuries and for damage or destruction of property, whether the property of one or more claimants in an amount to be established by the City Manager of 'the CITY. .. - ARTICLE VI TERPIINATION - 14. The CITY may terminate this agreement upon 30 days 'written notice to the ASSOCIATION or immediately upon notification from the state of termination of the project by the state. All .leased equipment in possession of the ASSOCIATION shall be returned immediately to the CITY upon notice of termination. The ASSOCIATION may terminate this agreexc-ent upon 30 days written notice to the CITY. All leased equipment shall be returned to the CITY upon termination 'in same condition as received except for normal. wear and tear. ARTICLE VI1 RIGHT OF'. CITY TO USE EQUIPrlENT - . 15. The CITY reserves the right- to use the vap when not 'required by the ASSOCIATION in the operation of the transportation or meal delivery program. -. The CITY shall give the ASSOCIATION reasonable notice of the times and dates of intended use of the vehicle. .- .. -3d .. .- .* , this In witness whereof, the parties hereto have executed agreement effective the day and year first so written. . .- Mayor -. CARLSBAD SENIOR CITIZENS ASSOCIATION . ... BY' .. '.." ' Executive Director ., . i. ? ..' .%.. . ... : i .. '. . City of Carlsbad .* ' .. ............ ............... __ .I .. " . _,_- _- .... __.._ ...- d . - . .-- . .. - ... ...- c.. - ... ---I--- .. I. .-. . LI,. _* *., &. s. , I -4 'XHIBXT A PO $.GE~~NT' .... .. Agreement No. 64591 , . Page l .of 8 ..; .Ti- .. ,.k \ u ,.. ; -. .1 .' . 7. .. .. . AGREEMENT Secretary's Discretionary Fund For Special Public Transportation Needs ,: L .... .... .. ,-.: I ,. , .I /._ Fiscal Year 1.980=-81 ' b <- (,>. ,pv ,cy;/ '. 5:q 'i .' .. '&;<l c;j ."1 ~;,kiL/ >, . . This Agreement is made and entered into this day of the State of California, acting through the Department of Transportation (hereinafter referred to as the State) and the CITY OF CAKLSBAD (hereinafter referred to as the Contractor). 19-, in the State of California, by and between -- .- Article I - Recitals '01. The Legislature appropriated the sum of $6,444,000 (six million four hundred and forty-four thousand dollars) in discretionary funds to the Department of Transportation for allocation by the Secretary of Business, Transportation and Housing for purposes of transportation for low-mobility individuals, including the elderly and handicapped (Chapter 510, Budget Act of 1980, Section 182.1). 02. The Contractor has submitted a project proposal for funding from the discretionary .funds. 03. The Secretary of Business, Transportation and Housing has selected the Contractor's project proposal for funding pursuant to this Agreement . !. I. U 94. 'The Contractor agrees to carry out the public transportation Article I1 in accordance with the provisions of this Agreement. project (hereinafter referred to as the Project) described in .. Article I1 - Project Description 05. After delivery of Project equipment, the Contractor agrees to perform the Project as follows: The Contractor shall establish and operate no less than eight hours per day, Monday through Friday, a system providing trans- portation to elderly and handicapped persons and providing meal delivery services within an area generally describcd as the City of Carlsbad and its vicinity. 06. For the purpose of carrying out the Project, the Contractor ehall purchase and operate the following described Project equip- ment and shall perform the following de'scribcd Project services pursuant to the Agreement: - - a .. ', City of Carlsbad -. .. Ag ement No. 64591 Page 2 of 8' .. . 1. Equipment : .. . .. -. .I a. tie-down equipment. One 10-15 passenger van including a wheelchair lift and .. Services: a: - b. . b Operatic I of transportation and .meal delivery service . . . 07. The following amounts are the estimated cost of the Project equipment and services: . .? Amount . a. Vehicle, wheelchair lift, and tie-down - equipment, I $20,000 I. .\' i: & b. Operations: . ; Driver's salary .9,700 ., Maintenance, fuel and tires a- . 6,000 , -2 I 800 Insurance ;! :. C. Administration, supervision, and dispatching 5,000 Total cost of Project equipment and services $41,5OC 08. 'The State agrees to pay the Contractor the actual total cost of the Project equipment and services. In no event shall the State's- total obligation under this Agreement exceed the amount of $41,500. The State and the Contractor recognize that such a sum may not be sufficient to carry out the actual-total cost of performing the Project; however,. it does- constitute the maximum State contribution toward performance of the Project. Artichc I11 - Payment . 09. The Contractor shall submit to the State itemized invoices, on official printed form or letterhead, signed by an authorized agent, in duplicate, with all information necessary to support , payment, showing actual expenditures for the period. Based upon these itemized invoices, the State shall pay the Contractor thc . State's share of the Project costs, but not more frequently than once a month. All invoices shall be sent and addressed to: State of California, Department of Transportation, Division of Mass Transportation, Program Dcvelopmcnt and Evaluation Branch, P. 0. Dox 1499, Sacramento, CA 95807. 10. No payment shall bc made for equipment in advahcc of purchase or for scrviccs in advance of performnncc, but only aftcr CntCrinCl into this Agrccment, delivery oE thc cquiprncnt or performance Of the scrviccs, . and submission of the nppropriatc payment docurnerlts. Only cqfuipincnt or scrviccs dcscribcd in Article XI of this Agree- mnn4- n--~-a**-bd =if t-er s-nt-prina into this AqkccIncnt: will be cligiblc A+ L# 2 e- _. *L_,...-- - _- -- i . s * ---- *- - - ._- . .I -' A .* - .' City of Carlsbad Agreement No. 64591 Page 3 of 8 -. -I L for payment . Payment for services, which include operating expenses, shall be based on net operating expenses after deducting fare revenues collected for said service. 11. performed should properly supported invoices not bq received by' the State before June 15, 1983, No payment shall be made for equipment. purchased 01: services 0 Article IV - Performance 12. This Agreement shall take effect immediately upon approval by the State and shall terminate upon completion of the Project. ' The . Contractor agrees to purchase the Project equipment (and perform - the Project services) no later than June 15, 1983. . the provisions of Attachment 0 of the Federal Office of Management and Budget Circular A-102, "Standards Governing State and Local Grantee Procurement". Allowable program costs and allowable individual items' of cost shall be determined in accordance with the provisions of Federal Management Circular 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments". I 13. Project equipment and services shall be procured according to . .- 14. Nu portion of the Project shall be performed by subcontrac- tors unless the State has given its prior approval in writing. 15. The Contractor agrees that the Project equipment shall be used for the provision of public transportation services as 'described in Article I1 for a period of (three years for vans), (five'years for vehicles costing less than $30,000 which are not vans), (ten years for vehicles costing nore than $30,000), (twenty * years for buildings) from the date of purchasQ or until such time as the equipment has -no further useful life, whichever occurs first. The State shall determine whether the equipment has further useful life and shall inform the Contractor in writing of its determination. 16. Said- Project shall be consistent with the Action Plan . . prepared under the requirements of Scctioh 15975 of AB 120 (Chapter 1120, Statutes of 1973) :by the designated transportation ' planning agency within whose geog'kaphic jurisdiction the Project is located. This requirement shall also apply to projects . sponsored by said transportation planning agencies. Said Project shall also participate in area coordination activities a5 deemed appropriate by the Consolidated Transportation Service Agency as defined by Subdivision (a) of Section 15975 of the Government .. . Code. 17. Upon Hucccssful completion o€ the Project, the Contractor may. retain thc cquipiiicnt purchased undcr this Agreement only if thc equipment rcmainr, in public scrvicc similar- to that offered during +he Droicct. If the cquipmcnt is not uscd in similar public # *_ - --- .--- .- ... . -_ _. __ . .. A ' .. .. 8, 8- City of Carlsbad Agreement No. 64591 . Page 4 of 8 -1 . i' equipment must be disposed of in accordance with service, the Article V, Article V - Termination' The Sta,e may terminate the Prbiect upon a findins by 18. he -- State that the Contractor has not cakied but the Project as set forth in this Agreement, or has otherwise failed to comply with 'the prov.isions of this Agreement. Termination shall be by written 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 Contractor's corrective measures are adequate. .. .. 19. The Project may also be terminated if the State. and the Con- tractor agree that continuation of the Project would not produce beneficial results commensurate with the further expenditure of - funds, or if there are inadequate funds to complete the Project, 20. If the Project is terminated prior to its completion under this Agreement, or if upon completion the equipment: does not remain in public service, any nonexpendable property, the acquisi- . tion or construction costs of which were charged to the Project, shall be dispused of and the proceeds credited to the Project account. The Contractor may either keep the subject property and . -credit to the Project account an amosliit 'equal to its fair market value, or sell such property at the best price obtainable at a public or private sale in accordance with established State proce- - dures. If the Contractor elects to keep the.prope'rty, fair market . value shall be determined on the basis of a competent independent . appra'isal of such property. Appraisals shall be obtained from an appraiser mutually agreeable to the State and the Contractor. If it is determined to sell the property, the terms and conditions of such sale must be approved in advance by the State. Any money credited to the Project account shall be refunded to the Stake. Article VI - Insurance and Liability .- .. 0. 21, The Contractor shall maintain, throughout the term- of this contract, adequate protection against liability for damages for ' personal bodily injuries (including death resulting therefrom) and for damage or destruction of property, whether the property of one or more claimant, in amounts not less than the amounts required by the California Public Utilities Commission for passenger stage corporations, Artlt'cle VI1 0 Reports, Records' and Audits, '22. Thc State shall review and approve the Contractor's ProPoscd bid ~?ackacjc, including vehicle spccifications, prior to the Con- . . * -- F-r #-rid- ~hc Contractor's Dronoscd bid . .. - Agr tnent No. 64591 Page 5 of 8 * *' City of Carlsbad r * - -a* package , including vehicle specifications, shall * be sent and addressed to: State of California, Department of Transportation, Division of Mass Transportation, Program Development and Evaluation Branch, P. 0. Box 1499, Sacramento, CA 95807. 23. shall be in accordance with generally accepted accounting princi- ples or with uniform standards that the State may establish. The Contractor shall establish and maintain a separate account speci- fied for the fiscal activities of the Project. The Contractor's accounting and *financial reporting system t 24. All fiscal and accounting records and other supporting papers of the Contractor and its subcontractors shall be maintained for a -- minimum of three years following the close of the fiscal year of .expenditure and shall be held open to inspection and audit by State representatives. Actual costs charged to the Project shall be supported by properly executed payrolls, time records, invoices, or vouchers, providing evidence in proper detail of the ' nature and propriety of the charges incurred by the Contractor and its subcontractors. - -- 0 1 Article VLII - Accessibility -- .' 25. ethnic group identification, religion, zgc , sex, color, or physical or mental disability, be unlawfully subjected to dis- crimination under any program or activity that is funded directly by the State or receives any--financial' assistance from the State. Vehicles purchased pursuant to this AgreGment for fixed route systems shall be accessible to handicapped persons, including, but not limited to, the physically and mentally disabled. 27. Vehicles purchased or utilitized pursuant to this Agreement, other than vehicles purchased for fixed route systems, shall be accessible to handicappcd persons, including,- but not limited to, . the physically and mentally disabled, unless the Contractor s transportation system, when viewed in its entirety, is accessible. If vehicles purchased pursuant to this Agreement are not acces- .. sible to handicapped personsS the State shall determine whether ' the Contractor's transportation &ystem meets the accessibility . requirements of this paragraph and shall -inform the Contractor in No person in the State of'-California shall, on the basis of :' .26. writing of; its determination, 28. Wheelchair lifts for use in any bus except a school bus shall Comply with the provisions of Title 13, California Administrative Code, Sections 1090-1095 and 1269.1, as. amended. .. .. .. . 1. .. .. .. .. -. - ~ "1 -. . - .- .. --- . ..-. - __--A,. &. * -.-a 4.I.L-A. . -. .-* -.-.. A '. : - ..-e - .. * Agreement No. 64591 : Page 6 of 8 City of Carlsbad . Article IX - Contingency Fee 29. The Contractor warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement- upon an agreement or under- standing for a commission, percentage, brokerage or contingency fee, excepting bona fide employees maintained by the Contractor for the purpose of securing such agreements . Article X - Prohibited Interests 30. 'During tenure or for one year thereafter, no member, officer, - or employee of the Contractor shall have any interest, direct or . indirect, in this Agreement or the proceeds thereof: The State and the Contractor agree that to their knowledge no Board member, officer, or employee of .the Contractor has any interest, whether contractual, noncontractual, financial' or otherwise, in this transaction, or in the business of the contracting party other than the Contractbr and that, if any such interest,comes to the knowledge of either party at any time, a full and complete disclosure of a13 such information will be made in writing to the other party or partiGs, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 (zmmencing with Section 1590) or Division 4.5 of the' State of California. . (commencing with Section 3600) of Title 1 of the Governmc.nt Code .. * Article XI - Minority Business Enterprises 31. The Contractor agrees that minority business enterprises shall have the maximum opportunity to participate in the performance of cont.racts financed ih whole or in part with funds provided under this Agreement. For the purpose of this provision, the term "minority business enterprise" refers to a business economically disadvantaged person or persons. Such disadvantage may arise froin cultural, racial, or religious background, sex, national origin, chronic economic circumstances, or other similar ' causes. Such persons may incllidc, but are not limited to, blacks, persons of Hispanic origin, Asians or persons from the Pacific Islands, American Indians, and Alaskan natives. . enterprise that is owned by or controlled by.a socially or -1 Article XI1 - Fair Employment Practices '32. part of 'this Agreement. The-Fair Employment Practices Addendum is attached and made a :. .. -I- .. -. .. - ..-A -.----: -_--- ---_ ..A_ i. -4 AI---- - .- 0. -. -. ** .- * City of Carlsbad Agx ,merit No. 64591 Page 7 of 8 -i 1. : FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against ahy employee or applicant for employment because of race, color, religion, ancestry, sex*, age*: national origin, or physical handicap*. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race. color, religion, ancestry, sex*. age*, national origin, or physical handicap*. Such action shall include, but not be lrmited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- .able to employees and applicants fo; 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 his/her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by thp State Fair Employment Practices Commission. or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices’section of this contract. 3. Remedies for Willful Violation: .. __ .. !{ (a) ’Itre State may determine a willful violation of the Fair Employment Practices provision to have oqcurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a w~ilten notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor 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 ihjunction under Labor Code Section 1429. For willful violation of this Fair Employment Practices provision, the State shall have the right to brminate this Contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her surety under the performance bond, if any, and the State may dkduct 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 tottie State. (. *See Lcbor Code Sections 141 1 - 1432.5 for further dctnils. * .. -.-. ...- ..._ -.---.. .. . - ,... .- - - .. . -...__. -.-. . ..__ ._ .. .. of Carlsbad .. ', . 64591 --. Agre- ..,ent No of 8 Page 8 *. 1. I. .. .. .. : 4.. -_ ._ Agreement IN WITNESS their duly WHEREOFI the parties have this executed authorized officers. ' - .. .. b .. STATE OF CALIFORNIA DEPARTMENT OF TRANS PORTAT ION .' BY. Date .' 'Contract Officer .- BY Date . .- . .- ../ Approved as to Form and Procedure:' .. Attorney Date Legal Division * .)- ... .. APPROVAL RECOMMENDED: i! .. Lee F. Deter, Chief Division of Mass Transportation * Date . -. ', ' .