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I RESOI,UTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
! EXECUTION OF AN AGREEMENT WITH YELLOW CHECKER LEASING, INC.
i RELATING TO A DIAL-A-RIDE PROGRAM.
RESOLUTION NO.
/~79~
. ,I f
THE
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
! OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
I 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 CElITIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~
on the -2311 day of
meeting thereof, held
, 1977, by the following
16 vote, to wit:
17 AYES:
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NAYS: ~~ -;('11./
ABSENT: 7).r -,1./ /
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is hereby appro this ,(~~
day
of
The foregoing resolution
vrm7
, 1977.
Approved as to form:
y Ic;lj1fJIII~
City At~y
e.,.c4t.Y_.. f,.SIA.~.lIU:Ikl!fd no
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AGREEMENT
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(Dial-A-Ride Service)
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THIS AGREEMENT is made and entered into at San Bernardino,
4 California, this
day of
, 1977, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
6 hereinafter referred to as . City. , and YELLOW CHECKER LEASING,
7 INC., a California corporation, hereinafter referred to as
8 "COmpany" .
9 WIT N E SSE T H:
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10 WHEREAS, the City is interested in encouraging and expand-
11 ing the use of public transportation in the overall areal and
12 WHEREAS, there is a significant nwnber of transit-dependent
13 seniors, disabled residents and others who rely on public
14 transportation as their princ~pal means of transportationl and
15 WHEREAS, the bus routes presently operated by Omnitrans are
16 on a fixed-route basis and are, therefore, able to serve a
17 relatively limited portion of the populationl and
18 WHEREAS, Company currently provides Dial-A-Ride service in
19 the community, and is supplying public transportation for a
20 special segment of San Bernardino's transit-oriented populatioDl
21 and
22 WHEREAS, as a result of the effective coordination and
23 scheduling of buses and taxicabs, it should be possible to further
24 enhance the utility of public transportation for the City and for
25 its residentsl and
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WHEREAS, Dial-A-Ride programs have been successful in
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27 other areas in augmenting bus operations and meeting special
28 public transportation needsl and
EXHIBIT "I"
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WHEREAS, this agreement shall supm:sede that prior agreement
,rf the parties hereto for Dial-A-Ride service dated Pebruary 17,
!~976, and amendments thereto dated .March 5, 1976 and April 11,
i~977, which expires June 15, 1977,
NOW, THEBEI'ORE, in consideration of the mutual promises,
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:~' venants
I greed as
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Term.
The term of this agreement shall be for a
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and agreements of the parties hereto, it is hereby
follows:
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1.
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period of 12 calendar months beginning June 1, 1977, and ending
Irldnight May 31, 1978. This period may be extended at the option
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f the City and company. The hours and manner in which the
ervice is provided may be varied and changed from time-to-time,
pon the mutual consent of both parties, in order to operate as a
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service to augment bus service.
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2. Service Area. Company agrees to lease seven (7)
autolllObiles from the City for the term of this agreement
utilize them in the operation of Dial-A-Ride service
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a City area more particularly described in Exhibit A An,
hereto and incorporated by reference herein and herein-
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after called "Service AreaA.
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Since there has been a significant demand for service to
three specific locations outside of the Service Area, Company
shall provide Dial-A-Ride spur service to Inland Center on "EA
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Street south of Mill Street; spur service to the Social Security
nistration District Office at 2110 East Highland Avenue; and
spur service to the Kaiser Clinic, 1717 >>ate Place.
Localized Zones. Two localized zones are hereby created
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28 in the Service Area: the area previously described north of
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:~I.19b1aDd AftIllW bew..n California suee~ IlIl4 1fa~ A__. w11l
ba lODe ODe. '1'be ana pnriou.ly dellCrUHt4 lIOGth of Hl,blaDd
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ijaYeDue will be 10_ 'l'Wo. Door-to-400r _rvice w11l be pnw1ded
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~itiWl eacb lODe t;o ..y de.UaaUOIl ill t.bat lIoDe. It 18 Uae
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11nt:eD~ of bOt:A pArt:l.. that pa....~. d_id..og t;o 90 fr-. OIle
[lIoDe t;o ADOther w111 De dri'MA within the BOlle to the al~t
~t:raDa nMI1:e HrviDq the 9.._&1 de8Ullatloa of the rider.
Dial-A-Jl14e .ball pJ:'OVi4e iDter-lIODe service \lpoD apecJ.fic
~t; an4 wbile it 1. the 1ateD~ of both parti_ alU..tely t;o
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~uln tbAt .. ad41t1oaal Dial-A-tide fare be paid for aucIl
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service. the co1J.ecUon of .aid addJ.tloaal fare 18 ROt. authoriH4
lat tAb time. Spur .ervice to 1Dl&Dd CeDter aIld Uae Social
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,S.cudty AdalftiatraUOIl Dietdat. Office w111 be provided to
~ger. requutlA<) aw:n .ervice !rea .ither Jone.
I 3. VUJ.o1e MuJdag aIl4 ~t. OCIIIpallY. at iu aole
...,.DH. .ball haft the autOllObU.. uod banun&u: painted aDd
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17 lettered ill accord8D<CO wlth the design. .pecified by City_ Said
18 letter1Dg .ball include the deaigaatioa "Sail ~ar4iAo olal-A-
19 a1Qe". tbe COCIIpany'. .pecial Oial-A-tide telepboae D1IIIber. &Dct
20 aach ot:aer illforaat.loa as _y be el..utl. _aary by the Cit.y aDd
21 the COItlp&DY. The Cit.y-owaed _l11al.. .IulU be paint.eel with a
22 fou-color elaslill a.iJd.lar to t.lult uaacl tor the busas of the
23 OIiInitr_. Syst.am. 5alel colors are. wbite. c1ark *>lue. U9ht.
24 barquoiae aDd lll8eliwa yellow. 'f'lle paiDt aball be .l.Ibat.anUaUy the
25 .... color and quality as that. u.ed by OIIlnlt.ran..
26 '1"be vehiale. 80 marked sball be used exc1\18ively for
27 Dial-A.-tide pupo.... and shall be eqldpped by eo.paay with t.wo-
28 way radio -"'lpicaUon. Said. ve.bicl.. shall be kept; clean. anc1
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be maintained in first-class operating condition at all times.
4. Service to be Provided. Service shall be provided
six days per week, Sunday through Friday, Sunday service shall be
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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
two (2) 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
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from 9:00 a.m. to 7:00 p.m., except on the following holidays:
Christmas, New Years Day, Memorial Day, Independence Day, Labor
Day and Thanksgiving Day.
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Notwithstanding the foregoing, spur service provided to the
social Security Offiee 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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In the event it is necessary to provide more than seven (7)
vehicles in order to meet the thirty (30) minute call-to-pickup
service requirement, Company shall provide such additional vehicles
as are necessary to supplement the basic seven (7) vehicles 00-
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tained pursuant to Paragraph 2 hereof with such additional
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vehicles as necessary.
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5. Service. There shall be no restrictions on passenger
eligibility. Passengers shall pay a standard fare of $.50 per
one-way ride, anywhere in the area. 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.
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When Dial-A-Ride passengers phone for service, they will be
I/lSked for their name, point of origin, point of destination and
I~he number of persons in their party to be transported. The
16aller will be advised by the Operator/Dispatcher of the approxi-
ibate time of pickup.
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I The system shall operate on a shared ride basis, which
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l~llOWS the Company to maximize the use of the vehicles and reduce
:~assenger waiting time to a minimum. Every effort will be made
lito pick up waiting patrons within a 30-minute period (Monday
,through Friday) from the time calls are made. A GO-minute
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Irriod will apply for Sunday service. Vehicles shall not wait
I]longer than two minutes to pick up any individual passenger. The
I!driver shall do all that is reasonably possible to avoid undue
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iidelay of any passengers either at the point of pickup or enroute.
IThe passengers shall have no control over the route of the
I hicles.
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6. Feeder Service to Bus Routes. A passenger transported
18 to the nearest Omnitrans bus route serving his destination shall
19 ay the regular $.50 fare, and Company shall retain all such
20 fares collected. Company, upon request, shall provide the
21 passenger a free transfer for omnitrans bus service. Omnitrans
22 shall return to the City of San Bernardino all such transfers
23 collected from Dia1-A-Ride passengers transferring to Omnitrans
24 buses, and City shall pay to the Company $.10 for each transfer
25 returned to City by Omnitrans.
26 Dial-A-Ride Operators/Dispatchers shall be required to be
27 completely familiar with the bus routes and schedules of
28 omnitrans buses within the City. Bus route maps superilllpOsed
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1 ?ver a street map of the City and route schedules shall be in full
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2, riew of the Operators/Dispatchers at all tiaes while they are
3 rrfOrming their duties.
4 II When a passenger requests Dial-A-Ride service to a
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5 estination within a Zone also served by one of the Omnitrans bus
6 outes, a destination within one block either side of any such
7 oute, or to a destination outside the Zone which is served by
8 Omnitrans route, the Operator/Dispatcher will suggest to the
9 desirable for a free transfer to be made to
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10 Omnitrans bus for the remainder of the trip.
11 Transfer to bus service shall not be required when it may
12 e inconvenient for the passenger for good cause, e.g., when a
13 is carrying heavy packages, when the passenger would be
14 for an appointment as a result of the transfer, or is
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hysically unable to board a bus or walk short distances. In such
Dial-A-Ride should provide door-to-door service within the
even though the destinations are C01llDOn to OIIInitrans
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service will automatically be provided to passengers from
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th Zones to the following areas: the st. Bernardine Hospital
21 d the medical services offices adjoining this COIIlple.x,
22 articularly the offices at 399 East Highland AvenueJ service to
23 Bernardino County Hospital complex on Gilbert AvenueJ
24 service from each Zone to the Social Security Administration
25 District Office at 2110 East Highland Avenue; service to CODIIIIunity
26 ospital at Seventeenth and Muscott Streets; and service to the
27 Kaiser Clinic at 1717 Date Place.
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7. Drivers' Services. Drivers shall not' be permitted to
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1 ~ccePt "tips" from pusengers, and a sign so stating shall be
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2 'rominently displayed in each vehicle. City sha1.l have the right
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specify the size and lettering for the sign. When requested,
reasonably necessary, drivers shall assist passengers requir-
help with packages, etc. No charge shall be made or accepted
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or such usistance.
A siqnrequesting that there be no smoking will be
rominently displayed in the front of the inside of each Dial-A-
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9 de vehicle. The sign shall be placed over the visor so as to
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visable to all pusengers. The driver shall, if necessary,
equest that pusengers refrain from smoking.
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If a Dial-A-Ride vehicle is parked on a City street during
he regular hours of operation and a person requests Dial-A-Ride
ervice from the driver, the driver shall radio this request to
e dispatcher and the dispatcher will determine which Dial-A-
de vehicle will transport the passenger to the destination
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equested.
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Prohibition. Driver, while in the performance of the
19 ial-A-Ride service, shall not solicit, persuade, cajole,
20 roselytize, or in any other way coax or encourage Omnitrans bus
21 assengers to use Dial-A-Ride service rather than bus service.
22 pany drivers shall provide information to passengers only when
23 requested by a passenger.
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Handicapped Passenger. Dial-A-Ride shall provide service
25 to handicapped persons who are able to enter and exit from the
26 Dial-A-Ride vehicle without assistance from the driver. The
27 iver will accept those handicapped persons who require the
28 assistance of pedestrian walkers, collapsable wheelchairs (those
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1 rthat can be transported in the trWlk of the vehicle), guide dogs
2 , ~r walking canes.
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rroviding such service to handicapped persons.
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! 8. Financing.
There shall be no additional fee charged for
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City shall pay to Company at the rate of
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Inine dollars and twenty-five cents ($9.25) per operating hour for
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!the operat1on of each of the seven vehicles obtained pursuant to
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Iparagraph 2 hereof and used in the program up to the D1,ndJllWD of
Itwelve hours per vehicle per day. City shall pay the Company on
lor before the 10th day of the ItlOnth following receipt of the
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10 illing for the prior ItlOnth. The operating charge of $9.25 per
11 hour is subject to revision, and it is the intention of the
12 parties hereto that after the term hereof, said fee shall be
13 renegotiated, upward or downward, on the basis of the experience
14 ith the program.
15 The compensation for operation, together with the fares
16 collected, shall constitute full compensation to Company to cover
17 profit and all costs of operation, including the lease of City-
18 owned vehicles, salaries of all employees, fuel, maintenance and
19 upkeep, insurance and all other costs attributable to the program.
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9. Lease of Vehicles. Company, by separate agreement, has
21 agreed to lease at a rental rate of one dollar ($1.00) per
22 operating hour, not to exceed 12 hours per vehicle, per day, seven
23 (7) mutually agreeable 5-passenger automobiles, owned by City,
24 to be used in the operation of the Oial-A-Ride system. COmpany,
25 at its own expense, shall provide all maintenance and operational
26 costs for said vehicles.
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10. CODlDlunications. Company shall provide, operate and
28 maintain a central communications center, in the City of San
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Said center shall be equipped with two-way ,radio
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Wlications for the dispatch and control of Dial-A-Ride
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ehicles in the field, and with at least four telephones and lines
4 '0 receive requests frOlll the public for Dial-A-Ride service.
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pecial telephone numbers shall be established for Dial-A-Ride.
quests for service on other Company telephone numbers, where
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caller does not request Dial-A-Ride, may be handled as regular
Two telephone operator/Dispatchers shall be
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ntinuously on duty in the central coJll1llunications headquarters
uring the hours of operation hereunder.
11. Log. Telephone Operator/Dispatchers shall maintain a
unications center log of all calls received for a Dial-A-Ride
ervice and a record of all rides actually provided. Said logs
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be maintained in the form and WAnnAr satisfactory to the
Drivers shall maintain a record of the nature and extent
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f all trips on .Trip Sheets. in a form and manner satisfactory to
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ity.
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On or before the 5th day of each month, Company shall sub-
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t a copy of all Dispatcher's coJll1llunication log sheets and
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ivers' -Trip Sheets. for the preceding calendar month, together
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a claim for the hours of service performed during said month.
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12. Audit. The City may audit the Company's Dial-A-Ride
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ooks, records and dispatcher operations, at any time between the
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and 6:00 p.m., Monday through Friday of each
during the term hereof or within ninety (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
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~hall terminate thirty (30) days after said notice is given.
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It shall be the joint responsibility of
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Promotion.
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l~e City and the company to promote and encourage the use of oial-
I~-Ride and to prepare and distribute promotional literature set-
~ing forth the fare schedule, hours of operation, area served, etc.
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15.
Liability and Insurance.
Company hereby agrees to, and
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hall, hold City, its elective and appointive boards, commissions,
agents and employees, harmless from any liability for
amage or claims for damage for personal injury, inclUding death,
s well as from claims for property damage which.'JIIAY arise from
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pany's operations under this agreement, whether such operations
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by Company or by anyone or more person directly or indirectly
ployed by, or acting as agent for Company or by lease or agree-
nt with Company. Company agrees to, and shall, defend City and
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15 elective and appointive boards, commissions, officers, agents
16 employees from any suits or actions at law or in equity for
17 caused, or alleged to have been caused, by reason of any
18 aforesaid operations.
19 Company shall file with the City Administrator of City a
20 insurance for public liability evidencing insurance
21 coverage for the conduct of its programs and
22 $100,000/$300,000 covering public liability and
23 $50,000 insuring against property damage claims.
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16. Changes and Modifications. In order to maximize the
of this program, it is deemed advisable to test a number of
pproaches to providing oial-A-Ride service. since Oial-A-Ride
27 is not fully tested in San Bernardino, it is not possible to
28 efinitely describe all the possible approaches herein. It is
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1 therefore agreed that such changes and modifications as may be
2, . acceptable to both parties may be made during the course of this
3 agreement in order to permit the value and utility of Dial-A-Ride
4 to be fully tested. All such changes and modifications shall be
5 made by written agreement executed by the parties hereto.
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17. Relationship of Parties. It is understood the con-
7 tractusl relationship of the Company to City is that of in-
8 dependent contractor and shall be subject to the limitations and
9 provisions of this agreement.
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18. Notices. All notices hereunder to be given shall be
11 sufficient if in writing and directed to the recipient thereof at
12 its last known address. Notices shall be deemed to have been
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given if either (1) personally delivered to the recipient, or (2)
if addressed to the recipient and deposited in the United States
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lmail, postage prepaid and addressed to recipient's last known
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: address.
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!in the long-range best interests of the transit program, Dial-A-
I Ride service should be under the direction of Omnitrans, a joint
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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 .DR Street
San Bernardino, CA 92418
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Yellow Checker Leasing,
1510 West Fifth Street
San Bernardino, CA
Inc.
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19.
Assignment.
It is agreed by the parties hereto that
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powers authority, in order to facilitate and coordinate said
24 service with Omnitrans Bus Service. While assignment of this
25 agreement to Omnitrans for operating purposes has been discussed,
26 said agreement shall not be assigned by either of the parties
27 hereto without the written consent of the other first obtained.
28 Company agrees not to unreasonably withhold its consent to such
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an assiqnment.
20. Amendment. This agreement may be amended only by
'written agreement executed by both parties and failure on the
part of either party to enforce any provision of this agreement
shall not be construed as a waiver of the right to compel enforce-
ment of such provision, nor act to relieve any party of its
obligations under this agreement.
21. Prior Agreements. This agreement supersedes and
replaces that prior agreement between the parties hereto dated
February 17, 1976, and amendments thereto dated March 5, 1976 and
April 11, 1977.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
CITY OF SAN BEBNARDINO
ATTEST:
By
YELLOW, CHECKER LEASING, INC.
By
Approved as to form:
/a/Balpn D. prin_
City Attorney
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EXHIBIT -A-
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Beginning at the intersection of Kill Street with Rancho
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IIAvenue, thence northerly along Rancho Avenue to its intersection
IWith the southerly line of Rialto Avenue; thence westerly along
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Ithe southerly line of Rialto Avenue to the westerly City limits
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I line; thence across Rialto Avenue to the northerly line of said
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Rialto Avenue; thence easterly along the northerly line of Rialto
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Avenue to Rancho Avenue; thence northerly along Rancho Avenue to
its termination point; thence northerly along the City boundary
east of Lytle Creek Wash to Highland Avenue; thence Easterly on
Highland Avenue to Macy Street; thence northerly on Macy Street to
Adams Street; thence westerly on Adams Street to San Anselmo
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Avenue; thence southerly on San Anselmo Avenue to Donald Street;
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thence westerly on Donald Street to Duffy Street; thence northerly
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on Duffy Street to San Anselmo Avenue; thence southeasterly on San
Anselmo Avenue to Adams Street; thence easterly on Adams Street
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to Macy Street; thence southerly on Macy Street to Highland
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Avenue; thence easterly on Highland Avenue to California Street;
thence northerly along California Street to Cajon Boulevard; thenc
southeasterly to the right of way for the proposed extension of
the Thirtieth Street Crosstown Freeway; thence northeasterly to
Little Mountain Drive; thence northwesterly along Little Mountain
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Drive to Marshall Boulevard; thence easterly along Marshall
Boulevard to Miramonte Street; thence northeasterly along Miramont
to Edgemont Street; thence southeasterly along Edgemont to Vista
Street; thence southerly along Vista to its intersection with
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Marshall Street; thence easterly along Marshall to Ladera Street;
thence northeasterly along Ladera to Edgehill Street, thence
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rortheasterlY along Edgehill to crescent Avenue; thence northerly
on crescent to Kendall Drive; thence northwesterly along Kendall
Drive to Fortieth Street; thence easterly along Fortieth Street
to Waterman Avenue; thence southerly on Waterman to Twenty-First
Istreet; thence easterly along Twenty-First Street to San Gabriel
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Street; thence southerly on San Gabriel to Niles Street; thence
westerly along Niles Street to Valencia Street; thence southerly
on Valencia Street to Trenton street; thence westerly on Trenton
Street to crestview Street; thence southerly on crestview street
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to Gilbert Street; thence easterly on Gilbert street to Cedar
Street; thence southerly on Cedar Street to Base Line Street;
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thence westerly on Base Line to Waterman Avenue; thence southerly
on Waterman Avenue to Cardiff Street; thence easterly on Cardiff
Street to Tippecanoe; thence southerly on Tippecanoe to Central
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Avenue; thence westerly on Central Avenue to Waterman Avenue;
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thence northerly on Waterman Avenue to Mill Street; thence
westerly on Mill Street to the point of beginning_
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