1981-243-Acceptance For Secretary's Discretionary Fund For Special Public Transportation NeedsResolution No. 1981 -243
A RESOLUTION OF ACCEPTANCE
FOR SECRETARY'S DISCRETIONARY FUND
FOR SPECIAL PUBLIC TRANSPORTATION NEEDS
BE IT RESOLVED, and it is hereby resolved by the Town Council
of the Town of Los Gatos, County of Santa Clara, State of California,
that the Mayor is authorized to execute five copies of the attached
Agreement for Secretary's Discretionary Fund For Special Public
Transportation Needs Fiscal Year 1980 -81.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at a regular meeting, held this 7th day of
December , 1981, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J.
Ferrito, MarLyn J. Rasmussen, Brent N. Ventura
and Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS:None
SIGNED:jF2iP� 3
R/,Y'OF-'TITE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LQ,$ GATOS
Town of Los Gato:
reement No. 64610
Page 1 of 8
AGREEMENT
Secretary's Discretionary Fund For
Special Public Transportation Needs
Fiscal Year 1980 -81
This Agreement is made and entered into this day of
19 , in the State of California, by and between
the State of California, acting through the Department of
Transportation (hereinafter referred to as the State) and the Town
of Los Gatos (hereinafter referred to as the Contractor).
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.
04. The Contractor agrees to carry out the public transportation
project (hereinafter referred to as the Project) described in
Article II in accordance with the provisions of this Agreement.
Article II - Project Description
05. After delivery of the Project equipment, the Contractor
agrees to perform the Project as follows:
Provide portal -to- portal dial -a -ride service, five days a
week, 8 hours per day, for elderly and handicapped persons in the
Cities of Saratoga, Monte Sereno, and the Town of Los Gatos.
06. For the purpose of carrying out the Project, the Contractor
shall purchase the following described equipment and perform the
following described services, pursuant to this Agreement:
Town of Los Gatos AS 2ement No. 64610
Page 2 of 8
a. Purchase one economy, compact station wagon;
b. Operate in dial -a -ride service, the acquired station
wagon.
07. The following amounts are the estimated costs of the Project
equipment and services:
a. Economy compact station wagon $10,000.00
b. Operating costs for station wagon 5,860.00
Total Cost of Project Equipment and Services $15,860.00
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
$15,860.00. The State and the Contractor recognize that such 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.
Article III - 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 the
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 Development and Evaluation Branch,
P. O. Box 1499, Sacramento, CA 95807.
10. No payment shall be made for equipment in advance of purchase
or for services in advance of 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 II of this Agree-
ment procured after entering into this Agreement will be eligible
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. No payment shall be made for equipment purchased or services
performed should properly supported invoices not be received by
the State before June 15, 1983.
Town of Los Gatos A, 2ement No. 64610
Page 3 of 8
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.
13. Project equipment and services shall be procured according to
the provisions of Attachment O 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 ".
14. No 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 II for a period of three years 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 determination.
16. Said Project shall be consistent with the Action Plan
prepared under the requirements of Section 15975 of AB 120
(Chapter 1120, Statutes of 1979) by the designated transportation
planning agency within whose geographic 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
Code.
17. Upon successful
retain the equipment
equipment remains in
the Project. If the
service, the equipme
Article V.
completion of the Project, the Contractor may
purchased under this Agreement only if the
public service similar to that offered during
equipment is not used in similar public
it must be disposed of in accordance with
Town of Los Gatos A, cement No. 64610
Page 4 of 8
Article V - Termination
18. The State may terminate the Project upon a finding by the
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.
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 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 amount 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
appraisal 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 State.
Article VI - Insurance and Liability
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.
Article VII - Reports, Records and Audits
22. The State shall review and approve the Contractor's proposed
bid package, including vehicle specifications and service program,
Town of Los Gatos A(, cement No. 64610
Page 5 of 8
prior to the Contractor's invitation for bid, or performance of
the service. The Contractor's proposed bid package, including
vehicle specifications and the service program, shall be sent and
addressed to: State of California, Department of Transportation,
Division of Mass Transportation, Program Development and
Evaluation Branch, P. O. Box 1499, Sacramento, CA 95807.
23. The Contractor's accounting and financial reporting system
shall be in accordance with generally accepted accounting
principles or with uniform standards that the State may establish.
The Contractor shall establish and maintain a separate account
specified for the fiscal activities of the Project.
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.
Article VIII - Accessibility
25. No person in the State of California shall, on the basis of
ethnic group identification, religion, age, 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.
26. Vehicles purchased or utilitized pursuant 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 system meets the accessibility
requirements of this paragraph and shall inform the Contractor in
writing of its determination.
Article IX - Contingency Fee
27. The Contractor warrants, by execution of this Agreement,
that no person or selling agency has been employed or retained
Town of Los Gatos A, ,ement No. 64610
Page 6 of 8
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
28. 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 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 (commencing with Section 1090) or Division 4.5
(commencing with Section 3600) of Title 1 of the Government Code
of the State of California.
Article XI - minority Business Enterprises
29. The Contractor agrees that minority business enterprises
shall have the maximum opportunity to participate in the
performance of contracts financed in 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
enterprise that is owned by or controlled by a socially or
economically disadvantaged person or persons. Such disadvantage
may arise from cultural, racial, or religious background, sex,
national origin, chronic economic circumstances, or other similar
causes. Such persons may include, but are not limited to, blacks,
persons of Hispanic origin, Asians or persons from the Pacific
Islands, American Indians, and Alaskan natives.
Article XII - Fair Employment Practices
30. The Fair Employment Practices Addendum is attached and made a
part of this Agreement.
t'
Town of Los Gatos
i eement No. 64610
Page 7 of 8
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, religion, 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 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 his /her records of employment, employment advertisements, applica-
tion forms, and other pertinent data and records by the 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) The State may determine a willful violation of the Fair Employment Practices provision to have
occurred 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 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 injunction under Labor Code Section 1429.
(b) 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 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 Sections 1411 - 1432.5 for further details.
STD. J (e/]])
..P
Town of Los Gatos A, 2ement No. 64610
Page 8 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By
. Contract Officer Date
Approved as to Form
and Procedure:
Attorney Date
Legal Division
APPROVAL RECOMMENDED:
Lee F. Deter, Chief Date
Division of Mass Transportation
By Tr
Date
SOURCE
6HAPGF
EXP AU Ul
SPECIAL DESIGNATION
OBJECT AMOUNT
�R fISCAI
CR YEAR
ENCUMBRANCE
DOCUMENT
NUA18Ek
GIST
UNIT
Of
UNIT
GEN EEO SUH ACCT
_ ____
SUR JOH NO.
RJw PARCEI. NO
WORN ORDER NO.
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HROJGE NO.
1213 0
4
2 3 0
9 0 24 0 0
3 1 I
7 5
J furrhy cr.nJv ufre.n my ouv prrsonaf Jtf p Ildke thaf hadxate fund,
an a,mfahfr p.r th« plli d and parpour o/ oh, rrp,w ,I, ,fuavf b,,,
SIGNATURE OF ACCOUNTING OFFICER
DATE
ITEM CHAPTER STATUTES
182.1 510 1980
FISCAL YEAH
80 -81