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RESOLUTION NO.
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RESOLU'l'ION OF THE CITY OF SAN BERNARDINO AU!rHORIUNG THE
EXECU'l'IOl( OF AN AGREEMEN'l' WITH YELLOW CHECKE~ LEASING, INC.
RELA'rING TO A DIAL-A-RIDE PROGRAM AND REPEALING RESOLU'l'ION
NO. 12792.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BER.NARDINO 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 proqram, a copy of which is attached hereto, marked Exhibit
"I" and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. The oral agreement between the City and Yellow
Checker Leasing, Inc. wherein and whereby Dial-A-Ride was
operated substantially in accordance with the terms and provision
of Exhibit "I" for the period from June 1, 1977 to and including
the date of execution of Exhibit "I" is hereby ratified,
confirmed and approved.
SECTION 3. Resolution No. 12792 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~tfi..,..",dj ~J,~ ~.. ting thereof,
held on the //':!I day of ~ ' 1977, by the
following vote, to wit:
AYES:
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'NAYS:
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ABSENT :
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The foregoing
day of ~ /AA
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resolution is hereby approved this .I ~
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, 1977.
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FI.L E 0
Jut 151977
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1
AGREEMENT
(Dial-A-Ride Service)
THIS AGREEMENT is made and entered into at San Bernardino,
california, this /'/ day of ~ __, 1977, by acd
between the CITY OF SAN BERNARD&, municipal corporation,
hereinafter referred to as "City", and YELLOW CHECKER LEASING,
INC., a California corporation, hereinafter referred to as
"Company".
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, WIT N E SSE T H:
WHEREAS, the City is interested in encouraging and expand-
ing the use of public transportation in the overall area 1 and
WHEREAS, there is a significant number of transit-dependen
seniors, disabled residents and others who rely on public
transportation as their principal means of transportation1 and
WHEREAS, the bus routes presently operated by Omnitrans are
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on a fixed-route basis and are, therefore, able to serve a
relatively limited portion of the population1 and
WHEREAS, Company currently provides Dial-A-Ride service in
the community, and is supplying public transportation for a
special segment of San Bernardino's transit-oriented population I
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 residents1 and
WHEREAS, Dial-A-Ride programs have been successful in
other areas in augmenting bus operations and meeting special
public transportation needs; and
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WHEREAS, this agreement shall supersede that prior agreemeJt
o~ the parties hereto ~or Dial-A-Ride service dated February 17,
1976, and a,mendments thereto dated March 5, 1976 and April H,
1977, which expiEes June 15, 1977,
NOW, THEREFORE, in consideration o~ the mutual promises,
covenants and agreements o~ the parties hereto, it is hereby
agreed as ~ollows:
1. Term. The term o~ this agreement shall be ~or a
period o~ 12 calendar months beginning June 1, 1977, and ending
midnight May 31, 1978. This period may be extended at the option
o~ the City and Company. The hours and manner in which the
service is provided may be varied and changed fran time-to-time,
upon the mutual consent of both parties, in order to operate as a
~eeder service to augment bus service.
2. service Area. Company agrees to lease seven (7)
passenger vehicles from the City for the term of this agreement
and to utilize them in the operation of Dia1-A-Ride service
within a City area more particularly described in Exhibit "An,
attached hereto and incorporated by reference herein and herein-
after called "Service Area".
Since there has been a signi~icant demand for service to
three specific locations outside of the Service Area, Company
shall provide Dial-A-Ride spur service to Inland Center on "E"
Street south of Mill Streetr spur service to the Social Security
Administration District O~fice at 2110 East Highland Avenuer and
spur service to the Kaiser Clinic, 1717 Date Place.
LOcalized Zones. Two localized zones are hereby created
in the Service Area: the area previously described north of
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I HighliUld Avenue between california Street iUld Waterman AVenue wi!
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2 be Zone One. The area previously described south of Highland
3 Avenue will be Zone Two. Door-to-door service will be provided
4 within each Zone to any destination in that Zone. It is the
5 intent of both parties that passengers desiring to go from one
6 Zone to iUlother will be driven within the Zone to the closest
7 Omnitrans route serving the general destination of the rider.
8 Dial-A-Ride shall provide inter-zone service upon specific
9 request; and while it is the intent of both parties ultimately to
10 require that an additional Dial-A-Ride fare be paid for such
11 service, the collection of said additional fare is not authorized
12 at this time. spur service to Inland Center and the Social
13 Security Administration District Office will be provided to
14 passengers requesting such service from either Zone.
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3. Vehicle Marking and Equipment. City, at its sole
16 expense, shall have the vehicles used hereunder painted iUld
17 lettered in accordance with the designs specified by City. Said
18 lettering shall include the designation "San Bernardino Dial-A-
19 Ride", the Company's special Dial-A-Ride telephone number, and
20 such other information as may be deemed necessary by the City and
21 the CompiUlY. The City-owned vehicles shall be painted with a
22 four-color design similar to that used for the buses of the
23 Omnitrans System. Said colors are: white, dark blue, light
24 turquoise and medium yellow. The paint shall be substantially the
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same color and quality as that used by Omnitrans.
The vehicles so marked shall be used exclusively for
Dial-A-Ride purposes, and shall be equipped by Company with two-
way radio communication. Said vehicles shall be kept clean, and
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1 be maintained in first-class operating condition at all times.
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4. Service to be Provided. Service shall be provided
3 six days per week, Sunday through Friday, Sunday service shall be
4 provided from 51: 00 a.m. to 4: 00 p.m. For Sunday service, Company
5 shall provide sixty (60) minute call-to-pickup service utilizing
6 thr~;{3) Dial-A-Ride vehicles. For service Monday through Friday,
7 Company will provide thirty (30) minute call-to-pickup service
8 using a, minimum of four (4) Dia,l-A-1U.de vehicles from 7 :00 a.m.
9 to 9:00 a.m., and a minimum of seven (7) Dial-A-Ride vehicles
10 from 9:00 a.m. to 7:00 p.m., except on the fOllowing holidays:
11 Christmas, New Years Day, Memorial Day, Independence Day I Labor
12 Day and Thanksgiving Day.
13 Notwithstanding the foregoing, spur service provided to th
14 Social Security Office and the Kaiser Clinic as set forth in
15 Paragraph 2 shall only be provided from 9:30 a.m. to 3:30 p.m. on
16 regular week days, Monday through Friday, excluding the holidays
17 set forth hereinabove.
18 In the event it is necessary to provide additional vehicle
19 in order to maintain the number of vehicles required to be in
20 service during the hours specified in this Section 4, Company
21 shall provide such additional vehicles at its sole expense.
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5. Service. There shall be no restrictions on passenger
23 eligibility. Passengers shall pay a standard fare of $.50 per
24 one-way ride, anywhere in the area. Children under five (5) year
25 of age may ride free when accompanying an adult and provided they
are seated on the lap of the adult, if so required. Company shal
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retain all fares collected.
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When Dial-A-Ride passenqers phone for service, they will be
asked for their name, point of oriqin, 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 approxi-
mater time of pickup.
The system shall operate on a shared ride basis, which
allows the Company to maximize the use of the vehicles and reduce
p~ssenger waiting time to a minimum. Every effort will be made
to pick up waitinq 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 passengers either at the point of pickup or enroute.
The passengers shall have no control over the route of the
vehicles.
6. Feed.er Service to Bus :Routes. A passenger transported
to the nearest omnitrans bus route serving his destination shall
pay the regular $.50 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 all such transfers
collected from Dial-A-Ride passengers transferring to Omnitrans
buses, and City shall pay to the Company $.10 for each transfer
returned to City by Omnitrans.
Dial-A-Ride Operators/Dispatchers shall be required to be
completely familiar with the bus routes and schedules of
Omnitrans buses within the City. Bus route maps superimposed
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over a street map of the City and route schedules shall be in ful
view of the Operators/Dispatchers at all times while they are
performing their duties.
When a passenger requests Dial-A-Ride service to a
destination within a Zone also served by one of the Omnitrans bus
routes, a destination within one block either side of any such
route, or to a destination outside the Zone which is served by
an Omnitrans route, the Operator/Dispatcher will suggest to the
passenger that it is desirable for a free transfer to be made to
an Omnitrans bus for the remainder of the trip.
Transfer to bus service shall not be required when it may
be inconvenient for the passenger for good cause, e.g., when a
passenger is carrying heavy packages, when the passenger would be
made late for an appointment as a result of the transfer, or is
physically unable to board a bus or walk short distances. In suc
cases, Dial-A-Ride should provide door-to-door service within the
Zones, even though the destinations are common to Omnitrans
routes.
Service will automatically be provided to passengers from
both Zones to the following areas: the St. Bernardine Hospital
and the medical services offices adjoining this complex,
particularly the offices at 399 East Highland Avenue, service to
the San Bernardino County Hospital Complex on Gilbert Avenue!
service from each Zone to the Social Security Administration
District Office at 2110 East Highland Avenue, service to Communit
Hospital at Seventeenth and Muscott Streets, and service to the
Kaiser Clinic at 1717 Date Place.
7. Drivers' Services. Drivers shall not be permitted to
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that can be transported in the trunk of the vehicle), guide dogs
or walking canes. There shall be no additional fee charged for
providing such service to handicapped persons.
8. Financing. City shall pay to Company at the rate of
nine dollars and twenty-five cents ($9.25) per operating hour for
the operation of each of the seven vehicles obtained pursuant to
Paragraph 2 hereof and used in the program up to the maximum of
twelve hours per vehicle per day. City shall pay the Company on
or before the lOth day of the month following receipt of the
billing for the prior month. The operating charge of $9.25 per
hour 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, includinqthe lease of City-
owned vehicles, salaries of all employees, fuel, maintenance and
upkeep, insurance and all other costs attributable to the program
9. Lease of Vehicles. Company, by separate agreement, ha
agreed to lease at a rental rate of one dollar ($1.00) per
operating hour, not to exceed 12 hours per vehicle, per day, seve
(7) mutually agreeable passenger vehicles, owned py City,
to be used in the operation of the Oial-A-Ride system. company,
at its own expense, shall provide all maintenance and operational
costs for said vehicles.
10. COIIlII11Ulications. company shalL.provide, operate and
maintain a central communications center, in the City of San
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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 line
to receive requests from the public for Dial-A-Ride service.
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Special telephone 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 communications headquarters
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!during the hours of operation hereunder.
I 11. Log. Telephone Operator/Dispatchers shall maintain a
Icommunications 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
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15 ICity. Drivers shall maintain a record of the nature and extent
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of all trips on "Trip Sheets" in a form and manner satiSfactory
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to City.
On or before the 5th day of each month, Company shall sub-
mit a copy of all Dispatcher's communication log sheets and
drivers' "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
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hours of 7:00 a.m. and 6:00 p.m., Monday through Friday of each
week 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'
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advance written notice to the other party, and this agreement
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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 set-
ting forth the fare schedule, hours:'of operation, area served, et .
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15. J,iabil1 tv and Insurance. Company hereby agrees to, a d
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
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Company's operations under this agreement, whether such operation
be by Company or by anyone or more person directly or indirectly
employed by, or acting as agent for Company or by lease or agree-
14 ment with Company. Company agrees to, and shall, defend City and
15 its elective and appointive boards, commissions, officers, agents
16 and employees from any suits or actions at law or in equity for
17 damage caused, or alleged to have been caused, by reason of any
18 of the aforesaid operations.
19 Company shall file with the City Administrator of City a
20 certificate of insurance for public liability evidencing insuranc~
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21 for protection coverage for the conduct of its programs and I
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22 services. $100,000/$300,000 covering public liability and
23 $50,000 insuring against property damage claims.
24 16. Changes and Modifications. In order to maximize the
25 value of this program, it is deemed advisable to test a number of
26 approaches to providing Dial-A-Ride service. Since Dial-A-Ride
27 is not fully tested in San Bernardino, it is not possible to
28 definitely describe all the possible approaches herein. It is
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therefore agreed that such changes and modifications as may be
acceptable to both parties may be made during the course of this
agreement in order to perDlit the value and utility of Oial-A-Ride
to be fully tested. All such changes and modifications shall be
made by written agreement executed by the parties hereto.
17. Relatiol1llhip of Parties. It is understood the con-
tractual relationship of the company to City is that of in-
dependent contractor and shall be subject to the limitations and
provisions of this agreement.
18. Notices. All notices hereunder to be given shall be
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11 sufficient if in writing and directed to the recipient thereof at
12 its last known address. Notices shall be deemed to have been
13 given if either (1) personally delivered to the .recipient, or
14 (2) if addressed to the recipient and deposited in the United
15 States mail, postage prepaid and addressed to recipient's last
16 known address. The current addresses of the parties are as follo s:
17 "City" "Company"
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Yellow Checker Leasing, Inc.
1510 West Fifth Street
San Bernardino, CA
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19. Assiqnm.ent. It is agreed by the parties hereto that
21 in the long-range best interests of the transit program, Oial-A-
22 Ride service should be under the direction of Omnitrans, a joint
23 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 assignment.
20. Amendlllent. 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 A~reeil1ents. 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.
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ATTEST:
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YELLOW CHECKER LEASING, INC.
By q;fPJ~
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Approved as to form:
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e~~.!~l'~
CJ.ty A rney
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EXHIBIT "A"
Beginning at the intersection of Mill Street with Rancho
Avenue, thence northerly along Rancho Avenue to its intersection
with the southerly line of Rialto Avenue7 thence westerly along
the southerly line of Rialto Avenue to the westerly City limits
line7 thence across Rialto Avenue to the northerly line of said
Rialto Avenue7 thence easterly along the northerly line of Rialto
Avenue to Rancho Avenue7 thence northerly along Rancho Avenue to
its termination point7 thence northerly along the City boundary
east of Lytle Creek Wash to Highland Avenue7 thence Easterly on
Highland Avenue to Macy Street7 thence northerly on Macy Street t
Adams Street7 thence westerly on Adams Street to San Anselmo
Avenue 7 thence southerly on San Anselmo Avenue to ponald Street7
thence westerly on Donald Street to Duffy Street7 thence northerl
on Duffy Street to San Anselmo AvenUe7 thence southeasterly on Sa
Anselmo Avenue to Adams Street, thence easterly on Adams Street
to Macy Street, thence southerly on MaCY Street to Highland
Avenue, thence easterly on Highland Avenue to California Street7
thence northerly along California Street to Cajon Boulevard7 then e
southeasterlY to the right of way for the proposed extension of
the Thirtieth Street Crosstown Freeway, thence northeasterly to
Little Mountain Drive7 thence northwesterly along Little Mountain
Drive to Marshall Boulevard7 thence easterly along Marshall
Boulevard to Miramonte Street, thence northeasterly along Miramont
to Edgemont Street, thence southeasterly along Edgemont to vista
Street 7 thence southerly along Vista to its intersection with
Marshall Street, thence easterly along Marshall to Ladera Street7
thence northeasterly along Ladera to Edgehill Street, thence
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1 northe~sterly along Edgehill to Crescent Avenue, thence northerly
2 on Crescent to Kendall Drive, thence northwesterly along Kendall
3 Drive to Fortieth Street, thence easterly along Fortieth Street
4 to Waterman Avenue, thence southerly on Waterman to Twenty-First
5 Street, thence easterly along Twenty-First Street to San Gabriel
, Street, thence southerly on San Gabriel to Niles Street, thence
7 westerly along Niles Street to Valencia Street, thence southerly
8 on Valencia Street to Trenton Street, thence westerly on Trenton
9 Street to Crestview Street, thence southerly on Crestview Street
10 to Gilbert Street, thence easterly on Gilbert Street to Cedar
11 Street, thence southerly on Cedar Street to Base Line Street,
12 thence westerly on Base Line to Waterman Avenue, thence southerly
13 on Waterman Avenue to Cardiff Street; thence easterly on Cardiff
14 Street to Tippecanoe, thence southerly on Tippecanoe to Central
15 Avenue, thence westerly on Central Avenue to Waterman Avenue;
16 thence northerly on Waterman Avenue to Mill Street; thence
17 westerly on Mill Street to the point of beginning.
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