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RESOLUTION NO. /.:J,y'.</~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YELLOW CHECKER LEASING, INC.
RELATING TO A DIAL-A-RIDE PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized and
directed to execute on behalf of said City an agreement with Yellow Checker
Leasing, Inc. relating to a Dial-A-Ride program, a copy of which is attached
hereto, marked Exhibit "I" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a ~
A~~dL) meeting thereof, held on the
day of 'P=iu! ' , 1978, by the following vote, to wit:
AYES, C'""2'":~~' ~~J9j~
;z::~ ~~- ,
// fi.
NAYS:
ABSENT:
day
of
The foregoing resolution is
~'<<J
lno
Approved as to form:
FILED
SEP 131978
lUCILL,E~OFORTH, City Clerk
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A G R E E MEN T
(Dial-A-Ride Service)
THIS AGREEMENT is made and entered into at San Bernardino, California,
this IR~ day of ~~Vl , 1978, by and between the CITY OF SAN
BERNARDINO. a muni ci pa 1 corporati on, herei nafter referred to as "Ci ty", and
YELLOW CHECKER LEASING, INC., a California corporation, hereinafter referred
to as "Company".
WIT N E SSE T H:
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WHEREAS, the City is interested in encouraging and expanding the use of
public transportation in the overall area; and
WHEREAS, there is a significant number of transit-dependent seniors,
disabled residents and others who rely on public transportation as their
principal means of transportation; and
WHEREAS, the bus routes presently operated by OMNITRANS are on a fixed-
route basis and are, therefore, able to serve a relatively limited portion
of the population; and
WHEREAS, Company currently provides Dial-A-Ride service in the community,
and is supplying public transportation for a special segment of San Bernar-
dino's transit-oriented population; and
WHEREAS, as a result of the effective coordination and scheduling of
buses and taxicabs, it should be possible to further enhance the utility of
public transportation for the City and for its residents; and
WHEREAS, Dial-A-Ride programs have been successful in other areas in
augmenting bus operations and meeting special public transportation needs;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements of the parties hereto, it is hereby agreed as follows:
1. Term. The term of this agreement shall be for a period of ~t)
calendar months beginning .......-40'~ ~ I/': /Y'.7? , and ending
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~1V/t.t-/JOJ 1?7? This period may be extended at the option of
the'City and Company. The hours and manner in which the service is provided
3 may be varied and changed from time-to-time, upon the mutual consent of both
4 parties, in order to operate as a feeder service to augment bus service.
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2. Service Area. Company agrees to lease ten (10) passenger vehicles
6 from the City for the term of this agreement and to utilize them in the
7 operation of Dial-A-Ride service within a City area more particularly de-
8 scribed in Exhibit "A", attached hereto and incorporated by reference herein
, and hereinafter called "Service Area".
10 Since there has been a significant demand for service to three specific
11 locations outside of the Service Area, Company shall provide Dial-A-Ride
12 spur service to Inland Center on "E" Street south of Mill Street; spur service
13 to the Social Security Administration District Office at 2110 East Highland
14 Avenue; and spur service to the Kaiser Clinic, 1717 Date Place.
15
Localized Zones. Two localized zones are hereby created in the
16 Service Area: the area previously described north of Highland Avenue between
17 California Street and Waterman Avenue will be Zone One. The area previously
18 described south of Highland Avenue will be Zone Two. Door-to-door service
19 will be provided within each Zone to any destination in that Zone. It is the
20 intent of both parties that passengers desiring to go from one Zone to
21 another will be driven within the Zone to the closest OMNITRANS route serving
22 the general destination of the rider. Dial-A-Ride shall provide inter-zone
2~ service upon specific request; and while it is the intent of both parties
24 ultimately to require that an additional Dial-A-Ride fare be paid for such
25 service, the collection of said additional fare is not authorized at this
26 time. Spur service to Inland Center and the Social Security Administration
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District Office will be provided to passengers requesting such service from
either Zone.
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11111 I
3. Vehicle Marking and Equipment. City at its sole expense, shall
have the vehicles used hereunder painted and lettered in accordance with
the designs specified by City. Said lettering shall include the designation
"San Bernardino Dial-A-Ride", the Company's special Dial-A-Ride telephone
number, and such other information as may be deemed necessary by the City
and the Company. The City-owned vehicles shall be painted with a four-color
design similar to that used for the buses of the OMNITRANS System. Said
colors are: white, dark blue, light turquoise and medium yellow. The paint
shall be substantially the same color and quality as that used by OMNITRANS.
The vehicles so marked shall be used exclusively for Dial-A-Ride pur-
poses, and shall be equipped by Company with two-way radio communication.
Said vehicles shall be kept clean, and be maintained in first-class operating
conditions at all times.
4. Service to be Provided, Service shall be provided six days per week,
Sunday through Friday, Sunday service shall be provided from 9:00 a.m. to
4:00 p.m. For Sunday service, Company shall provide sixty (60) minute call-
to-pickup service utilizing three (3) Dial-A-Ride vehicles. For service
Monday through Friday, Company will provide thirty (30) minute call-to-pickup
service using a minimum of four (4) Dial-A-Ride vehicles from 7:00 a.m. to
9:00 a.m., and a minimum of seven (7) Dial-A-Ride vehicles from g:OO a.m. to
7:00 p.m., plus three (3) vehicles to be operated, as neCessary, not more
than one hundred fifty (150) hours per week. Service shall not be provided
on the following holidays: Christmas, New Years Day, Memorial Day, Indepen-
dence Day, Labor Day and Thanksgiving Day.
Notwithstanding the foregoing, spur service provided to the Social
Security Office and the Kaiser Clinic as set forth in Paragraph 2 shall only
be provided from 9:30 a.m. to 3:30 p.m. on regular week days, Monday through
Friday, excluding the holidays set forth hereinabove.
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11111 I
In the event it is necessary to provide additional vehicles in order to
maintain the number of vehicles required to be in service during the hours
specified Company shall provide such additional vehicles at its sole expense.
5. Service. There shall be no restrictions on passenger eligibility.
Passengers shall pay a standard fare of $. ~ per one-way ride, anywhere
in the area. Senior Citizens and handicapped persons shall be charged one-
half the regular fare upon presentation of an OMNI-PASS. Children under
five (5) years of age may ride free when accompanying an adult and provided
they are seated on the lap of the adult, if so required. Company shall retain
all fares collected.
When Dial-A-Ride passengers phone for service, they will be asked for
their name, point of origin, point of destination and the number of persons
in their party to be transported. The caller will be advised by the Operator/
Dispatcher of the approximate time of pickup.
The system shall operate on a shared ride basis, which allows the Com-
pany to maximize the use of the vehicles and reduce passenger waiting time to
a minimum. Every effort will be made to pick up waiting patrons within a
30-minute period (Monday through Friday) from the time calls are made. A
60-minute period will apply for Sunday service. Vehicles shall not wait
longer than two minutes to pick up any individual passenger. The driver shall
do all that is reasonably possible to avoid undue delay of any passenger
either at the point of pickup or enroute. The passengers shall have no con-
trol over the route of the vehicles.
6. Feeder Service to Bus Routes. A passenger transported to the nearest
OMNITRANS bus route serving his destination shall pay the regular fare, and
Company shall retain all such fares collected. Company, upon request, shall
provide the passenger a free transfer for OMNITRANS bus service. OMNITRANS
shall return to the City of San Bernardino sll such transfers collected from
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1 Dial-A-Ride passengers transferring to OMNITRANS buses, and City shall pay to
2 Company $.10 for each transfer returned to City by OMNITRANS.
3 Dial-A-Ride Operators/Dispatchers shall be required to be completely
4 familiar with the bus routes and schedules of OMNITRANS buses within the City.
5 Bus route maps superimposed over a street map of the City and route schedules
6 shall be in full view of the Operators/Dispatchers at all times while they are
7 performing their duties.
8 When a passenger requests Dial-A-Ride service to a destination within a
9 Zone also served by one of the OMNITRANS bus routes, a destination within one
10 block either side of any such route, or to a destination outside the Zone
11 which is served by an OMNITRANS route, the Operator/Dispatcher will suggest
12 to the passenger that it is desirable for a free transfer to be made to an
13 OMNITRANS bus for the remainder of the trip.
14 Transfer to bus service shall not be required when it may be inconvenient
15 for the passenger for good cause, e.g., when a passenger is carrying heavy
16 packages, when the passenger would be made late for an appointment as a result
17 of the transfer, or is physically unable to board a bus or walk short distances
18 In such cases, Dial-A-Ride should provide door-to-door service within the
19 Zones, even though the destinations are common to OMNITRANS routes.
20 Service will automatically be provided to passengers from both Zones
21 to the following areas: the St. Bernardine Hospital and, the medical services
22 offices adjoining the complex, particularly the offices at 399 East Highland
23 Avenue; service to the San Bernardino County Hospital Complex on Gilbert Ave-
24 nue; service from each Zone to the Social Security Administration District
25 Office at 2110 East Highland Avenue; service to Community Hospital at Seven-
26 teenth and Muscott Streets; and service to the Kaiser Clinic at 1717 Date
27 Place.
28 7. Drivers' Services. Drivers shall not be permitted to accept "tips"
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1 from passengers, and a sign so stating shall be prominently displayed in each
2 vehicle. City shall have the right to specify the size and lettering for the
3 sign. When requested, and reasonably necessary, drivers shall assist passen-
4 gers requiring help with packages, etc. No charge shall be made or accepted
for such assistance.
A sign requesting that there be no smoking will be prominently displayed
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in the front of the inside of each Dial-A-Ride vehicle. The sign shall be I
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placed over the visor so as to be visible to all passengers. The driver shall,!
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if necessary, request that passengers refrain from smoking.
If a Dial-A-Ride vehicle is parked on a City street during the regular
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hours of operation and a person requests Dial-A-Ride service from the driver, I
the driver shall radio this request to the dispatcher and the dispatcher will I
determine which Dial-A-Ride vehicle will transport the passenger to the desti- I
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nation requested.
Prohibition.
Driver, while in the performance of the Dial-A-Ride ser-
vice, shall not solicit, persuade, cajole, proselytize, orin any other way
coax or encourage OMNITRANS bus passengers to use Dial-A-Ride service rather
18 than bus service. Company drivers shall provide information to passengers
19 only when requested by a passenger.
20 Handicapped Passenger. Dial-A-Ride shall provide service to handicapped
21 persons who are able to enter and exit from the Dial-A-R~de vehicle without
22 assistance from the driver. The driver will accept those handicapped persons
23 who require the assistance of pedestrian walkers, collapsable wheelchairs
24 (those that can be transported in the trunk of the vehicle), guide dogs or
25 walking canes. There shall be no additional fee for providing such service
26 to handicapped persons.
27 8. Financing. City shall pay to Company at the rate of $/1 (JO per
28 operating hour for the operation of each of the ten (lO)'vehicles obtained
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pursuant to Paragraph 2 hereof and used in the program up to the maximum of
twelve hours per vehicle per day. Company shall submit an invoice to the
City within five (5) days following the end of each calendar month, based on
the service provided during said month, and City shall make payment by the
10th day of the month following the receipt thereof. The operating charge is
subject to revision, and it is the intention of the parties hereto that after
the term hereof, said fee shall be renegotiated, upward or downward, on the
basis of the experience with the program.
The compensation for operation, together with the fares collected, shall
constitute full compensation to Company to cover profit and all costs of
operation, including the lease of City-owned vehicles, salaries of all
employees, fuel, maintenance and upkeep, insurance and all other costs attrib-
utable to the program.
9. Lease of Vehicles. Company, by separate agreement, has agreed to
lease at a rental rate of one dollar ($1.00) per operating hour, not to exceed
12 hours per vehicle, per day, ten (10) mutually agreeable passenger vehicles, I
owned by City, to be used in the operation of the Dial-A-Ride system. Company,
at its own expense, shall provide all maintenance and operational costs for
said vehicles.
10. Communications. Company shall provide, operate and maintain a cen-
tral communications center, in the City of San Bernardino. Said center shall
be equipped with two-way radio communications for the dispatch and control of
Dial-A-Ride vehicles in the field, and with at least four telephones and lines
to receive requests from the public for Dial-A-Ride service. Special tele-
phone numbers shall be established for Dial-A-Ride. Requests for service on
other Company telephone numbers, where the caller does not request Dial-A-Ride,
may be handled as regular taxicab calls. Two telephone Operator/Dispatchers
shall be continuously on duty in the central communicati'ons headquarters durin
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the hours of operation hereunder.
11. hQa. Telephone Operator/Dispatchers shall maintain a communications
center log of all calls received for a Dial-A-Ride service and a record of
all rides actually provided. Said logs shall be maintained in the form and
manner satisfactory to the City. Drivers shall maintain a record of the
nature and extent of all trips on "Trip Sheets" in a form and manner satis-
factory to Ci ty.
Company shall submit a copy of all Dispatcher's communication log sheets
and driver's "Trip Sheets" for the preceding calendar month, together with a
claim for the hours of service performed during said month.
12. Audit. The City may audit the Company's Dial-A-Ride books, records
and dispatcher operations, at any time between the hours of 7:00 a.m. and
6:00 p.m., Monday through Friday of each week during the term hereof or within
niney (90) days thereafter.
13. Termination. Both parties hereto shall have the option to terminate
this agreement by giving a thirty (30) days' advance written notice to the
other party, and this agreement shall terminate thirty (30) days after said
notice is given.
14. Promotion. It shall be the joint responsibility of the City and the
Company to promote and encourage the use of Dial-A-Ride and to prepare and
distribute promotional literature setting forth the fare. schedule, hours of
operation, area served, etc.
15. Liability and Insurance. Company hereby agrees to, and shall, hold
City, its elective and appointive boards, commissions, officers, agents and
employees, harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage
which may arise from Company's operations under this agreement, whether such
operations be by Company or by anyone or more person directly or indirectly
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1 employed by, or acting as agent for Company or by lease or agreement with
2 Company. Company agrees to, and shall, defend City and its elective and
3 appointive boards, commissions, officers, agents and employees from any suits
4 or actions at law or in equity for damage caused, or alleged to have been
5 caused, by reason of any of the aforesaid operations.
6 Company shall file with the City Administrator of City a certificate of
7 insurance for public liability evidencing insurance for protection coverage
8 for the conduct of its programs and services. $100,000/$300,000 covering
9 public liability and $50,000 insuring against property damage claims.
10 16. Changes and Modifications. In order to maximize the value of this
11 program, it is deemed advisable to testa number of approaches to providing
12 Dial-A-Ride service. Since Dial-A-Ride is not fully tested in San Bernardino,
13 it is not possible to definitely describe all the possible approaches herein.
14 It is therefore agreed that such changes and modifications as may be accept-
15 able to both parties may be made during the course of this agreement in order
16 to permit the value and utility of Dial-A-Ride to be fully tested. All such
17 changes and modifications shall be made by written agreement executed by the
18 parties hereto.
19 17. Relationship of Parties. It is understood the contractual relation-
20 ship of the Company to the City is that of independent contractor and shall be
21 subject to the limitations and provisions of this agreement.
22 18. Notices. All notices hereunder to be given shall be sufficient if
23 in writing and directed to the recipient thereof at its last known address.
24 Notices shall be deemed to have been given if either (1) personally delivered
25 to the recipient, or (2) if addressed to the recipient and deposited in the
26 United States mail, postage prepaid and addressed to recipient's last known
27 address. The current addresses of the parties are as follows:
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"City"
"Company"
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Yellow Checker Leasing, Inc.
1510 West Fifth Street
San Bernardino, CA
4 19, Assignment. It is agreed by the parties hereto that in the long-
S range best interests of the transit program, Dial-A-Ride service should be
6 under the direction of OMNITRANS, a joint powers authority, in order to facili-
7 tate and coordinate said service with OMNITRANS Bus Service. While assignment
8 of this agreement to OMNITRANS for operation purposes has been discussed, said
9 agreement shall not be assigned by either of the parties hereto without the
10 written consent of the other first obtained. Company agrees not to unreason-
11 ably withhold its consent to such an assignment.
12 20. Amendment. This agreement may be amended only by written agreement
13 executed by both parties and failure on the part of either party to enforce
14 any provision of this agreement shall not be construed as a waiver of the
15 right to compel enforcement of such provision, nor act to relieve any party
16 of its obligations under this agreement.
17 21. Prior Agreements. This agreement supersedes and replaces that prior
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agreement between the parties hereto dated June 24, 1977.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the date first hereinabove written.
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ATTEST:
.~.'t((f~ ~
~/KVh2k~ ~~
YELLOW CHECKER LEASING, INC.
By Cf4 PJa-v
as to form:
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to aUb9n Su..t., tbto... ...tezq oa Gilbut scnet to C4KlIu
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t""'!loe llOZ'tMZ'ly CID w.te.... A..... to till Sheet, t"-_
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