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HomeMy WebLinkAbout1982-02-02; City Council; Resolution 6778a 1 2 3 4 5 6 7 8 9 10 11 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, CALIFORKIA APPROVING AN AGREEMENT WITH THE CARILSBAD SENIOR CITIZENS ASSOCIATION FOR 'FEE OPERATIObJ OF A VAN TRANSPORTATION PLIOGRAN. 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: Council Mers Packard, Casler, hear, Lewis and Kulchin NOES: None ABSENT: None ATTEST: 0 ATTACHRENT A*.-ito Resolution No. 6778 i t AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFOWJIA AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION FOR THE OPERATIOM PROGRAM. OF A SENIOR CITIZENS TRANSPORTATION THIS AGREEXENT 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.'1 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 tke amount of $41,500 for the purchase and operation of one van accessible to elderly and handicapped persons to provide trans- portation. and meal delivery service within the City of Carlsbad and vicinity. 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 prograrr. in accordance with the terms and provisions of the grant for the benefit of senior citizens and handicapped persons within th'e City of Carlsbad and. vicinity, '. ARTICLE I1 PROGRAM DESCRIPTION - 5. The ASSOCIATION agrees to provide drivers to operate the vehicle, maintain the vehicle, and carry out the purposes of the program as described in the grant. The ASSOCIATION will insure that ._ . .- . . .. .. . ~, . - . . . . .... ._ . . ~ ,.. -0 0 driver,s have appropriate *licenses and are properly The ASSOCIATION will insure that the van is safely maintained. i supervised. 6 and properly 6. The CITY agrees to reirburse the ASSOCIATION for operating the program from funds received from the state grant as provided herein after. 7. The program will begin on or about February 1, 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 TI1 TEFOi OF AGRXEMENT 8. This Agreement shall extend for a period of 18 Eonths, following the beginning of the program unless extended. by rmtual consent of the parties or terminated as provided herein; In no event shall this agreement extend beyond June 30 I 1983. ... ARTICZE IV PAYMENTS 9. The ASSOCIATION agrees 'to.invoice CITY on a monthly basis for City's share of net operating expenses on'a form and with such .. docurrentation as required by the City's Director of Finance. bursement payments shall be made on a net operating expense basis, after deducting fair revenues collected. Reim- 10. The CITY agrees to reimburs'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 the Association. '. .. -2- d. e e i 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 establiskl a fare system to be approved by the City Manager. ARTICLE V INSURANCE AND LIABILITY 13. The ASSOCIATION 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 TERPII?..TATION - 14. The CITY may terminate this agrement upon 30 days written notice to the ASSOCIATION or immediately upon notification from the state of termination of the project by the state. leased equipment in possession of the ASSOCIATION shall be returned immediately to the CITY upon notice of termination. may termiliate this agreement upon 30 days written notice to the CITY. All leased equipment shall be returned to the CITY upon termination All The ASSOCIATION T in same condition as received except for normal' wear and tear, ARTICLE VI1 RIGHT OF CITY TO USE EQUIPIJlENT 15. The CITY reserves the right to use the van 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. -3- - 5- In witness whereof, the parties hereto have executed agreement effective the and year f-irst so written. this P i CARLSBAD SENIOR CITIZENS ASSOCIATION BY' '. ' Executive Director , .-. ......... ,... .... ., .i ... .. -. ., - . ---I-_ . .:.: ._e."..* ..... _.__" .. _.._ I_- .... _. .. .I _.-_ -- .. _-...._ .._-. -4 .... ..si :.-t ... .-.-.._I 1 ---, ./ .- City of 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 CARLSBAD (hereinafter referred to as the Contractor). I 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 19863, Section 182.1). , 02. The Contractor has submitted a project proposal for funding from the discretionary .funds. selected the Contractor's project proposal for funding pursuant to this Agreement. 04. project (hereinafter referred to as the Project) described in Article E1 in accordance with the provisions of this Agreement. <. L/ . 03.. The Secretary of Business, Transportation and Housing has 'The Contractor agrees to carry out the public transportation Axticle II - 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 Fr'iday, a system providing trans- portation to elderly and handicapped persons and providing meal delivery services within an area generally described as the City of Carkbad and its vicinity. 06. For the purpose of carrying out the Project, the Contractor shall purchase and operate the following described Project equip- ment and shall perform the following described Project services pursuant to the Agreement: .. f ATTACIIMENT ' A ' Avment No. 64591 Pa e 2 of 8' Equipment : a. tie-down equipment. Services: i One 10-15 passenger van including a wheelchair lift and -. b. Operatic1 of transportation and.meal delivery service. 07. equipment and services: I The following amounts are the estimated cost of the Project ' Amount .. a. Vehicle, wheelchair lift, and tie-down equipment, $20,000 , b. Operations: .+ \' Driver's salary .9,700 Maintenance, fuel and tires . 6,000 Insurance SI . 800 C. Administration, supervision, and dispatching 5,000 Total cost of Project equipment and services $41,500 08. 'The State agrees to pay the Contractor the actual total cost Of the Project equipment and services. State's' total obligation under this Agreement exceed the amount of $41,500. 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. In no event shall the The State and the Contractor recognize that such a sum Article I11 - Payment - 10. No payment shall be made for equipment: in adva'nce of purchase Or for services in advance o*f performance, but only after entering into this Agreement, delivery of the equipment or performance of the services,,and submission of the appropriate payment documents. Only equipment or services described in Article I1 of this Agrcc- ll\rhn,,rnJ af)-py F.ntcrina into this Agrecrnent will be eLigiblc 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 Based upon these itemized invoices, the State shall pay the contractor the State's share of the Project Costs, but not more frequently than Once a month. State Of California, Department of Transportation, Division of Mass Transportation, Program Development and Evaluation Branch, P. 0. Box 1499, Sacramento, CA , payment, showing actual expenditures for the period. All invoices shall be sent and addressed to: 95807. .. .. l A ha a ment No. 64591 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 be received by' the State before June 15, 1983, No payment shall be made for equipment purchased or services . 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 t~ purchase the Project equipment (and perform - the Project services) no later than June 15, 1983. 13. Project equipment and services shall be procured according to ' and Budget Circular A-102, "Standards Governing State and Local Grantee Procurementn. Allowable prqgram costs and allowable individual items' .of cost shall be determined in accordance with the provisions of 'Federal Management Circular 74-4, "Cost Governments" , 14. No portion of the Project shall be performed by subcontrac- tors unless the State has given its prior approval in writing, . the provisions of Attachment 0 of the Federal Office of Management .. Principles Applicable to Grants and Contracts with State and Local .. 15. 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 Eor vehicles costing more than $30,000), (twenty years for buildings) from the date of purchase 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 de temina t ion. 16. Said Project shall be consistent with the Action Plan . ' prepared under the requirements of Sectio'n 15975 of AB 120 (Chapter 1120, Statutes of 1979) ,by the designated transportation ' planning agency within whose geogbaphic 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 as deemed appropriate by the Consolidated Transportation Service Agency as defined by Subdivision (a) of Section 15975 of the Government 17. Upon successful. completion of the Project, the Contractor may retain the equipment purchased under this Agreement only if the equipment remains in public service similar to that offered during the Project. If the equipment is not used in similar public The Contractor agrees that the Project equipment shall be . Code. .. s- City of Carlsbad e Agaent No. 64591 Page 4 of 8 service, the equipment must be disposed of in accordance with Article V. Article V - Termination 18. State that the Contractor has not carried out the Project as set forth in this Agreement, or has otherwise failed to comply with 'the provisions 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 . 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. If the Project is terminated prior to its completion under The State may terminate the Project upon a finding by the .. 19. 20. this Agreement, or if upon completion the equipment does not remain in public service, any nonexpendable property, the acquisi- shall be disposed of and the proceeds credited to the Project account. The Contractor may either keep the subject property and .credit to the Project account an amociiit -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 property, fair market value shall be determined on the basis of a competent independent . appra'isal of such pro.perty. 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 State. Article VI - Insurance and Liability . tion or construction costs of which were charged to the Projectt .. I .. 21. The Contractor shall maintain, throughout the tenn'of this contract I 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. Arti-cle VI1 - Reports, Records an8 Audits, 22. bid package, including vehicle specifications, prior to the Con- tractor's invitation for bid. The Contractor's proposed bid Thc State shall review and approve the Contractor's proposed /b .. .-l_. .. . , . . -. -. . . . . . *. City of Carlsbad -0 Agment No. 64591 Page 5 of 8 $ B 1 t E I 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 I 24. All fiscal and accounting records and other supportirq 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, invoic.es, or vouchers, providing evidence in proper detail of the nature and propriety of the charges, incurred by the Contractor and its subcontractors. Article VI11 - Accessibility * 25. ethnic group identification, religion, zge ; 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 Agreement 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 puysuant to this Agreement, other than vehicles purchased for fixed route systems, shall be accessible to handicapped 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 persons, the State shall determine whether the Contractor's transportation dystem meets the accessibility requirements of this paragraph and shall ..inform the Contractor in 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. No person in the State of'california shall, on the basis of . 26. .. .. .. e -0 .* 1. City of Carlsbad Agreement No. 64591 . Page 6 of 8 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. :- i i ! i ., Article X - Prohibited Interests 30. 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 otner than the Contractor and that, if any such interest,comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 (czxnmencing with Section 1090) or Division 4.5 of the' State of California. During tenure or for one year thereafter, no member, officer, ' (commencing with Section 3600) of Title 1 'of +he Government Code I Article XI - Minority Business Enterprises 31. The Contractor agrees that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts 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 ' nay arise from cultural, racial, or religious background, sex, national origin, chronic economic circums.tances,.or other similar i causes. Such persons may include, but are not limited to, blacks, persons of Hispanic origin, Asians or persons from the Pacific . enterprise that is owned by or controlled by. a socially or Islands, American Indians, and Alaskan natives. -, Article XI1 - Fair Employment Practices 32. part of 'this Agreement. The-Fair Employment Prac*ticcs Addendum is attached and made a Agurnent No. 64591 Page 7 of 8 -2 i ' FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any 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, reiigion, ancestry, sex*, age*, national origin, or physical handicap". Such action shall 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 compen- sation; and setection 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 his/her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by th? 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: .. .. ., .? The State may determine a willful violation of the Fair Employment Practices provisiori to have wcurred 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 written notice from the Fair Employment Practices Commission that it has investigated and determined ?hat the Contractor has violated the Fair tinploy- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment 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 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 d'educt from any moneys due or that Wereafter may become die to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. 0 *See Lek Code Sections 141 I - 1432.5 for fzuther details. '. .. -. -4 -6 -\ 1 1 *- .* City of Carlsbad \ Agre a ment No, 64591 f I' Page 8 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. ' - *. c .- STATE OF CALlFORNIA DEPARTMENT OF TWNSPORTATION BY Date BY. Contract Officer Date Approved as to Form and Procedure: r. . Attorney Date si Legal Division -1 APPROVAL RECOMMENDED: . Lee F, Deter, Chief Date Division of Mass Transportation ** . * ! i I i4 fi2