HomeMy WebLinkAboutReso 1983-11258
RESOLUTION NO. 11258
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND COr1MUNITY TRANSIT SERVICES, INC. TO OPERATE
HANDYTRANS FOR FY 1983-85 (JULY 1, 1983 TO JUNE 30
1985) ,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and COMMUNITY
TRANSIT SERVICES, INC. to operate HandYtrans for FY 1983-85
(July 1, 1983 to June 30, 1985)
dated the 24th day of May , 19 83, a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by
Approved as to form by
1% [
GeOr~ndbe:g, City Attor/"
J n P. Lippitt::,
E gineer
Form 342
Rev. 7/82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
24th
day 0 f
May
,
19
83
, by the following vote, to-wit:
AYES:
Councilmen
Moore, McCandliss, Scott, Cox, Malcolm
NAYES:
Councilmen
None
ABSTAIN: Counci Zmen None
ABSENT: Counci Zmen None
ATTEST
() /'7
)/ ( ,
7~ t(, /idt~dA/~
Deputy City Clerk
~;
MaYo~e
,i ~
City of ChuZa Vista
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 55.
CITY OF CHULA VISTA
1, PATRICIA A. GUARDACOSTA, DEPUTY CITY CLERK of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a fuZZ, true
and correct copy of
RESOLUTI ON NO. 11258
. and
that the same has not been amended or repealed.
DATED
Deputy City Clerk
(SEAL)
CC - 6 6 0 (pa 9 )
AGREEMENT
THIS AGREEMENT is made this 24th of May , 1983, by and
between the CITY OF CHULA VISTA, hereinafter referred to as "City," and
Community Transit Services, Inc., hereinafter referred to as "Operator."
WITNESSETH:
WHEREAS, Operator has the management and technical personnel, expertiset
and other assets useful for the support of City's transportation project; and
WHEREAS, City is desirous of obtaining such services for said project; and
WHEREAS, Operator is desirous of providing such service;
NOW, THEREFORE, in cons i derat ion of the foregoi ng recital and covenants
and agreements of each of the parties herein set forth, the parties hereto do
agree as follows:
1. Purpose: City hereby contracts with
transportation management and operations services
conditions hereinafter set forth.
Operator to provide
upon the terms and
2. Scope of Work: Operator will provide the services to be rendered as
set forth in Exhibit IIAII (Scope of Services) attached hereto and by reference
incorporated herein and made a part hereof.
3. Time Period: The term of this agreement shall be from July 1, 1983,
to June 30, 1985, for a period of two years.
4. Maximum Obligation - Regular HandYtrans Service (Exhibits B and C):
For consideration of Operator's services described herein pertaining to the
Regular HandY trans service component, City will pay Operator as follows:
a) A maximum cost not to exceed $186,600 for the period July 1,
1983, to June 30, 1984, based on a fixed rate of $27.767 per hour.
b) A maximum cost not to exceed $196,518, for the period July 1 t
1984t to June 30, 1985, based on a fixed rate of $29.243 per hour.
c) Fuel cost is estimated at $1.25 per gallon for the period
July 1, 1983, to June 30, 1984, and at $1.35 for the period July 1, 1984, to
June 30, 1985. If the actual average cost for fuel varies from these
estimates, reimbursement will be made by the appropriate party (either City or
Operator) during the month following the determination of the actual cost of
fuel. For example, if the actual cost of fuel is determined to be $1.24 per
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gallon for the month of July 1983 and 1,000 gallons of fuel were used, then
operator will reimburse City $10.00 for July 1983 during August 1983 ($0.01 x
1 ,000 gall on s ) .
d) Vehicle service hours will be computed by using the time each
vehicle leaves the garage for its first pickup point each day until such time
as each vehicle returns to the garage at the end of each operational day
excluding the time for driver lunch breaks.
e) The hourly rate shall include, but not be limited to:
administrative and drivers' wages; fringe benefits; overhead costs; maps and
charts; bus washing and cleaning supplies; uniforms; report reproduction;
office supplies; vehicle insurance and licenses; fuel; oil; radio licenses and
maintenance and repairs. The hourly rate shall include all costs related to
the Regular HandY trans service component.
f) City will provide overnight parking space for the four (4)
vehicles used in Regular HandY trans service at the City Maintenance Yard, 707
IIFII Street.
g) All vehicles used in HandYtrans service, including Starlight
Center vehicles, may be fueled at the City Maintenance Yard.
5. Maximum Obligation - Starlight Center Service (Exhibit D): For
consideration of Operator's service described herein pertaining to the
Starlight Center Service component, City will pay Operator as follows:
a) A maximum cost not to exceed $43,747.20 for the period July 1,
1983, to June 30, 1984, based on a fixed rate of $1.24 per mile.
b) The rate per mile for the period July 1, 1984, to June 30, 1985,
will be negotiated with Operator prior to July 1, 1984.
c) Fuel cost for this service component will be estimated by
Operator and included in the rate per mile. There will be no reimbursement
procedure applied to actual fuel costs associated with this service component.
6. Operator shall submit two separate invoices to City as follows:
a) A monthly invoice, based on the cost per hour, for Regular
HandYtrans service. All costs shall be directly traceable by dispatcher
and/or driver trip sheets and employee time cards, which will be available for
review by City. Any charges not covered in the hourly rate shall be billed to
City with charges directly traceable to receipts or bills, copies of which
shall be attached to the invoice. Operator shall obtain approval of City for
any charges not covered in the hourly rate.
b) A monthly invoice, based on the cost per mile, for Starlight
Center service. Costs must be directly traceable by trip sheets and/or any
additional accounting procedures that may be required by Starlight Center
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and/or Regional Center. Operator must obtain approval of City for any
additional charges not covered in the rate per mile.
7. Payment: All payments by City shall be made in arrears, after the
service has been provided. Payment shall be made by City no more than
forty-five (45) days from City's receipt of invoice. City has the right to
withhold payment or because of later discovered evidence, nullify any
certificate for payment to Operator, when in the opinion of the City,
expressed in writing to Operator:
a) Operator performance, in whole or in part, either has not been
carried out or is insufficiently documented;
b) Operator has neglected, failed or refused to furnish information
or refused to cooperate with any inspection, review or audit of its program,
work, or records;
c) Operator has failed to sufficiently itemize or document its
invoices for payment.
If City disputes any items on an invoice for a reasonable cause, City
may deduct that disputed item from the payment, but shall not delay payment
for the undisputed portions. The amounts and reasons for such deletions shall
be documented to Operator within thirty (30) working days after receipt of
invoice to City. City shall assign a sequential reference number to each
deletion. Payments shall be by voucher or check payable to and mailed first
class to:
Community Transit Services, Inc.
2121 West Crescent Avenue, Suite 0
Anaheim, CA 92801
City has the right to withhold 25% of last payment until 15 days
after completion of contract subject to City's review of Operator's adherence
to all contractual requirements.
8. Operating Revenues: Fares collected are the responsibility of the
Operator. Fares collected shall be deposited by Operator with a bank
designated by the City on a daily basis. A properly fi lled out "tally sheet"
shall accompany each deposit.
9. Charter Services: Charter services will be provided by Operator upon
request by City's authorized employees. The rate for charter service will be
calculated on an individual trip basis, and will be authorized by the Transit
Coordinator or his designated representative.
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10. Control:
a) All services to be rendered by Operator under this Agreement
shall be subject to the control of City. Operator shall advise City of
matters of importance and make recommendations when appropriate; however,
final authority shall rest with City.
b) City shall not interfere with the management of Operator.s
normal internal business affairs and shall not attempt to directly discipline
or terminate Operator's employees. City may advise Operator of any employee's
inadequate performance which has a negative effect on the service being
provided, and Operator shall take prompt action to remedy the situation. In
extreme cases, City may demand removal of an Operator employee.
11. Management: During the term of this Agreement, Operator shall
provide sufficient executive and administrative personnel as shall be
necessary and required to perform its duties and obl igations under the terms
hereof.
12. Medical Assistance to Passengers: Operator's employees shall not be
required to perform any medical or quasi-medical functions for passengers. In
the event of illness on board a vehicle, the driver shall advise the
dispatcher by radio and may proceed immediately to a medical facility for help.
13. Uniforms: Operator shall purchase uniforms for employees and shall
require the employees to wear them. The design, type, and logo of the
uniforms shall be subject to City.s approval.
14. Changes: In the event City orders changes from the list of work
shown in Exhibit IIA" (Scope of Work) or for other causes orders additional
work not contemplated hereunder, additional compensation shall be allowed for
such extra work according to Section 4 of this Agreement. City shall promptly
notify Operator in writing by change order of all changes in scope. Change
order shall specify a cost limit or shall be subject to subsequent negotiation.
15. Renewals: The parties to this contract shall meet at least sixty
(60) days before the expiration date of this agreement to notify the other
party of its intention to renew the contract for some additional time period.
The negot i ated renewal agreement must be executed th i rty (30) days pri or to
the end of the contract year, otherwise, should the City decide to continue
operation of the system, eligible operators will be asked to bid on the
contract.
16. Qualification for Future Contracts: As a result of having entered
into this Agreement, Operator shall not be inhibited, penalized, or
disqualified from bidding subsequent transportation management and operation
programs under the jurisdiction of City.
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17. Succession: Operator and City shall not assign, transfer, conveyor
sublet or otherwise dispose of the contract rights, titles or interests in or
to the same, or any part thereof without the previous consent in writing of
the other party.
18. Disputes:
a) Any controversy or claim arlslng out of or relating to the
prov is ions of th is Agreement, or the breach thereof, sha 11 be sett 1 ed by
arbitration at the election of either party in accordance with the Rules of
the American Arbitration Association at Los Angeles, CA and judgment upon the
award rendered by the arbitrators may be entered in any court having
jurisdiction thereof.
b) The Federal Procurement Regulations shall be used where
applicable to define, resolve, and settle procurement issues.
19. Stop Work: City may stop work on the Regular HandYtrans or Starlight
Center components of this transportation service upon forty-eight (48) hours
written notice to Operator. City shall be liable for all relevant costs
incurred prior to the stop-work period and for restart, if any.
20. Termination:
a) The City or Operator may terminate the Agreement upon a finding
that the other party has not carri ed out the terms as set forth in the
Agreement or has otherwise failed to comply with the provisions of the
Agreement. Termination shall be by written notice specifying the reasons for
termination and giving the other party thirty (30) days to correct the
default. If the City files for termiation, the City shall be the sole judge
as to whether Operator's corrective measures are adequate.
b) The Agreement may also be terminated if the City and Operator
agree that continuation of the system would not produce beneficial results
commensurate with the further expenditure of funds.
c) The Agreement may also be terminated if funds are not available
to pay the cost of service as set forth in this Agreement.
d) If this Agreement is terminated by City subject to conditions
listed in (a), (b) and/or (c) above, the City shall be liable for costs and a
prorate of the fee as specified under Section 4 accrued to date of termination
and for all other termination costs. In the event the Agreement is
terminated, all pertinent data prepared for the project shall be made
available to City without additional costs.
e) In the event City is de 1 i nquent in payi ng Operator as stated in
Section 7, by more than fifteen (15) calendar days and has received a
statement by certified mail of the del inquency from Operator, then Operator
may serve, by certified mail, a notice of its intent to suspend operations at
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least seven (7) calendar days subsequent to the receipt of notice by City. If
City does not correct the de 1 i nquency or if the part; es do not agree to
arbitrate the dispute under the provisions of this Agreement, then Operator
may suspend operations without further notice or penalty on the date indicated
by the notice.
21. Communications: All notices hereunder and communications with
respect to this Agreement shall be effective upon the mailing thereof by
registered or certified mail, return receipt requested, and postage prepaid to
the persons named below:
If to Operator:
Contract Administrator
Community Transit Services, Inc.
2121 West Crescent Avenue, Suite D
Anaheim, CA 92801
With copy to:
President
Community Transit Services, Inc.
2121 West Crescent Avenue, Suite D
Anaheim, CA 92801
If to City:
Transit Coordinator
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vistat CA 92010
22. Information and Documents: All information, data, reports, records,
maps, survey results as are existing, available, and necessary for carrying
out the work as outlined in Exhibit "A" hereof, shall be furnished to Operator
without charge by City, and City shall cooperate in every way possible in the
carrying out of the work without undue delay.
23. Proprietary Rights: All inventions, improvements, discoveries,
proprietary rights, patents, and copyright made by Operator under this
Agreement shall be made available to City with no royalties, charges, or other
costs, but shall be owned by Operator. All manuals prepared by Operator under
this Agreement shall be made available to City at no charge but shall be owned
by Operator and shall not be copied, disclosed, or released by City or City's
representative or participating organization without prior written consent of
Operator. Reports are excluded from this provision, and shall be owned by
City. Operator, however, shall have the ri ght to pri nt and issue copi es of
these reports. Operator may make presentations and releases relating to the
project. Papers and other formal publications shall be approved by City
before they are released.
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24. Force Majeure:
a) Operator shall not be held responsible for losses, delays,
fai 1 ure to perform, or excess costs caused by events beyond the control of
Operator. Such events may include, but are not restricted to, the following:
Acts of God; fire, epidemics, earthquake, flood, or other natural disaster;
acts of the government; riots, strikes, war, or civil disorder; unavailability
of fuel. City shall not be liable for payment under any of these events.
b) The Agreement shall be subject to immediate renegotiation for an
equivalent price increase and/or reduction in scope in the event that the
inflation rate, as measured by the San Diego Consumer Price Index (CPI) for
a 11 urban consumers exceeds a rate of thirteen (13) percent per year, only
after six (6) months of Operator service provision under this Agreement has
expired.
c) The Agreement shall be subject to immediate renegotiation for an
equivalent price decrease/increase should the City reduce/increase the scope
of work and/or provide services and/or equipment necessary to accomplish the
project.
25. Shortages and Delays: In the event that City fails to provide or
delays providing items as herein provided, in the number and size required,
then Operator shall not be responsible for any delays or resulting decline in
the quality of service.
26. Emergency Procedures: In the event of a major emergency such as an
earthquake, dam failure, or manmade catastrophe, Operator shall make
transportation and communication resources available to the degree possible
for emergency assistance. If the normal line of direct authority from City is
intact, Operator shall follow instruction of City. Operator must attempt to
contact responsible City officials and if contact cannot reasonably be made,
Operator shall make best use of transportation resources following to the
degree possible the direction of the City. Emergency uses of transportation
may include evacuation, transportation of injured, and movement of people to
food and shelter. Operator shall be reimbursed in accordance with Section 4
or, if the normal method does not cover the types of emergency services
involved, then on the basis of fair, equitable, and prompt reimbursement of
Operator's actual costs. Reimbursement for such emergency services, only
undertaken under direction of the City, shall be over and above IIMaximum
Obligationll of this contract. Immediately after the emergency condition
ceases, Operator shall reinstate normal transportation services.
27. Audit: Operator shall permit the authorized representatives of City,
the San Di ego Metropo 1 i tan Trans it Development Board (MTDB), the San Di ego
Association of Governments (SANDAG), the State, and the U. S. Department of
Transportat ion, and the Comptro 11 er Genera 1 of the Un ited States to inspect
and audit all data and records of the Operator relating to performance under
this Agreement.
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28. Transportat i on Data Reporting: Operator sha 11 report transportation
data to City in accordance with Level C of the Uniform Financial Accounting
and Reporting Elements (FARE) as required under Section 15 of the Urban Mass
Transportation Act of 1964 as amended and the California Public Utilities
Code, Chapter 4, Section 99243. Operator shall also prepare the operating
records as set forth in Exhibit A (listed under Responsibilities of Operator).
29. Licenses: A license and a Certificate of Public Convenience and
Necessity to operate in accordance with this Agreement are hereby granted to
Operator. Any franchise or business license fees that City might ordinarily
require for operation in accordance with this Agreement are hereby expressly
wa ived by City.
30. Workers' Compensation: Operator certifies that it is aware of the
provisions of the Labor Code of the State of California which require every
employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and
it certifies that it will comply with such provisions before commencing the
performance of the work of this Agreement.
31. Insurance: Throughout the term of thi s Agreement, Operator shall
procure and maintain a minimum Ten Million, Five Hundred Thousand Dollar
($10,500,000) insurance policy for Comprehensive General Liability and
Automobile Liability.
Vehicle insurance shall cover the four vehicles to be used in this
operation as to protect the City, its elective and appointive boards,
officers, agents and employees, from claims or damages for personal injury
including death, as well as claims for property damage which may arise from
Operator's or any subcontractor's operations under this contract, whether such
operations be by Operator or by any subcontractor or anyone directly or
indirectly employed by either Operator or any other subcontractor. Operator
will be responsible for paying the deductible, if any.
Operator shall submit to the City evidence of having obtained the
required insurance in the form of a Certificate of Insurance. The certificate
shall state that the City of Chula Vista and the State of California are
additional insureds. The certificate shall also provide that the City will be
given thirty (30) days written notice of any modification, cancellation or
expiration of insurance coverage.
33. Fidelity Bond: During the period of time this Agreement shall be in
effect, Operator shall cause its staff personnel to be covered under an
appropriate bond protecting City from employee theft up to the amount of Fifty
Thousand Do 11 ars ($50,000) with respect to anyone occurrence by Operator
employees.
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34. Nondiscrimination:
In connection with the execution of this Agreement, Operator shall
not discriminate against any employee or applicant for employment because of
age, race, religion, color, sex, or national origin. Operator shall take
affirmative actions to insure that employees are treated during their
employment, without regard to their age, race, religion, color, sex, or
national origin. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotions or transfer; recruitment or
recruitment advertising, layoff or termination; rate of payor other forms of
compensation; and selection for training, including apprenticeship.
36. Cross-Hiring of Employees, Officers, Members:
(a) During the term of this Agreement, Operator shall not hire any
supervisory employee of City, or former supervisory employee of City without
prior written approval of City. City shall not hire any employee or former
employee of Operator without prior approval of Operator. Only former
employees who have terminated their employment with one of the parties within
a year prior period shall be a "former employee" or a "former supervisory
employee" as referred to above.
(b) During the term of this Agreement, neither party shall hire any
present or former officer, shareholder, or member of the other party without
the express written approval of the other party.
(c) After the expiration or termination of this Agreement, City or
Operator1s successor, shall be permitted to hire any Operator employee
previously employed on this program. At that time, in hiring an Operator
employee or a former Operator employee, City shall insure and require that
employment process fairly treat the ex-Operator employee as a member of the
general public with no discrimination, no waiver of job advertising, no
consideration of Operator employee's seniority, and no other privilege
different from that accorded to members of the general public.
37. Interest of Members of or Delegates to Congress: No member of or
delegate to the Congress of the United States shall be admitted to any share
or part of this contract or to any benefit arising therefrom.
38. Prohibited Interest: No member, officer, or employee of City during
his/her tenure or one year thereafter shall have any interest, direct or
indirect, in this contract or the proceeds thereof.
39. Conflict of Transportation Interests: Operator shall not divert any
revenues, passengers, or other business from City's project to any taxi or
other transportation operation of Operator.
40. Transfer of Title to Equipment: Equipment and supplies purchased by
Operator as a direct-charge item in connection with the performance of this
Agreement shall become the property of City upon payment of invoice for that
equipment and supplies submitted by Operator.
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42. Liquidated Damages: In the event that any scheduled service is not
provided for reasons of equipment failure, operator failure or other reasons
beyond the control of Operator, Operator will provide for liquidated damages
for categories of non-performance where actual damages are difficult or
impossible to assess. Failure to provide the backup equipment necessary to
avoid service interruption of over 30 minutes is subject to liquidated damages
of $50 per occurrence and termination of the contract for three or more
violations over five consecutive days of service. These liquidated damages
will be assessed only after observation of the incident by one of the City's
authorized monitors to be named later. Repeated offenses, unless they are for
causes reasonably beyond control of Operator, shall be cause for termination
of the contract.
43. Infri ngement of patents: Operator wi 11, at its own expense, defend
all suits or proceedings instituted against the City or State and pay any
award of damages assessed against the City or State in such suits or
proceedings, insofar as the same are based on any claim that the materials or
equipment, or any part thereof, or any tool, article or process used in the
manufacture thereof constitutes an infringement of any patent of the United
States provided the City gives to the Operator prompt notice in writing of the
const itut i on of the su it or proceed i ng and permits the Operator through his
legal counsel to defend the same and gives Operator all needed information,
assistance and authority to enable the Operator to do so.
44. No Exclusive Rights: By awarding a contract, the City confers no
special or exclusive right or interest in any service and no such rights shall
accrue to the Operator as a result of the contract or exercise thereof.
45. Liability: Operator shall indemnify, keep and save harmless the City
and State, their agents, officials and employees, against all suits or claims
that may be based on any injury to persons or property and that may occur, or
that may have been alleged to have occurred, in the course of the performance
of this contract by Operator, whether or not it shall be claimed that the
injury was caused through a negligent act or omission of Operator or its
emp 1 oyees; and Operator shall, at its own expense, defend any and all such
act ions, and shall, at its own expense pay all charges of attorneys and all
costs and other expenses arising therefrom or occurred in connection
therewith; and if any judgment shall be rendered against the City or State in
any such action, the Operator shall at its own expense, satisfy and discharge
the same. The above will apply to all suits or claims, except a suit that is
based on interference with exclusive franchise based on contract which the
City will defend.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective officers thereunto duly authorized on
the date written below their signatures.
CITY OF CHULA VISTA
(OPERATOR)
BY:~/({ ~
Date: ~ ~~,J?~
And bY~
Date: I C<?~-e 1/J~1
By:4~ l Cv,e
Mflor tJ
Date: May 24, 1983
ATTEST:
e~g~r~
Date: May 25, 1983
J
Date: May 20, 1983
WPC 0147T
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EXHIBIT A
Scope of Services
1 . Gen er a 1
It is the City's intent to provide the specialized transportation service
described in the following sections. This service is a continuation of
the two service components provided by HandYtrans the advanced
reservation service available to eligible users, and the subscription
service to Starlight Center. However, the City reserves the right to
implement service modifications as warranted by future demand and/or
funding considerations.
The City desires to contract for two speci a 1 i zed transportat i on servi ces
as part of HandY trans operation. Both services wi 11 be provided by one
contract operator, and will consist of the following:
A. Regular HandY trans Service
A curb-to-curb pick up and delivery service for eligible senior
citizens and mobility impaired persons (and companions, if
necessary). The contract operator shall provide the equipment,
facilities, and the management, technical operations, dispatching,
and maintenance personnel necessary to provide the service.
B. Starlight Center Service
Pick up and delivery service for certain persons attending the
rehabilitation program at Starlight Center. Starlight Center will
provide vehicles for this service; operator will provide drivers;
limited maintenance and repair on vehicles; fuel; radios for
vehicles; and a monitor to ride the Starlight Center bus.
Daily supervision of both HandY trans operating components will be the
responsibility of the contract operator; overall system
administration and management will be the responsibility of the
Transit Coordinator, City of Chula Vista.
2. Service Area
A. Regular HandYtrans service will be provided within the City of Chula
Vista with minor excursions into contiguous areas of San Diego County
(see attached map). HandYtrans offers alternate service to
individuals who cannot use, or have difficulty using, Chula Vista
Transit (CVT), the City's fixed-route bus system. Therefore, the
HandYtrans service area generally coincides with the CVT service
area. This service area is about twenty (20) square miles, and
contains an estimated elderly and handicapped population of 14,000.
The City may expand this service area as warranted.
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B. Starlight Center service will be provided to certain Regional Center
clients attending Starlight Center in three (3) areas: Chula Vista,
contiguous portions of San Diego County, and National City. Clients
will be determined by the Regional Center; provision of service to
clients will be developed jointly among the City of Chula Vista
(Transit Coordinator and contract operator), Regional Center, and
Starlight Center.
3. Operations Schedule
A. Regular HandYtrans service will be available as follows:
eight (8) hours per day (8:30 a.m. to 4:30 p.m.), five days per
week (Monday through Friday), using three (3) vehicles, for a
total of twenty-four (24) service hours per day.
six (6) hours on Sunday (8:00 a.m. to 2:00 p.m.) using two (2)
vehicles, for a total of twelve (12) service hours.
service will not be provided on legal holidays, designated to be
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
Service hours and/or days may be modified as warranted by demand
and subject to avail ab 1 e fi nanci a 1 resources, upon mutual
agreement by City and contract operator.
D. Starlight Center service will be available as follows:
Starli yht Center Van: Fi ve (5) days per week (Monday through
Friday, three (3) hours per day (7:30 a.m. to 9:00 a.m., and
3:00 p.m. to 4:30 p.m.).
Star 1 i 1ht Center Bus: Fi ve (5) days per week (Monday through
Friday, six (6) hours per day (6:45 a.m. to 9:15 a.m., and 2:45
p.m. to 5:15 p.m.).
Service to Starlight Center generally will be provided 255 days
per year.
Service hours and/or days may be modified upon request by
Regional Center and/or Starl ight Center, and upon mutual
agreement by City and contract operator.
Current miles operated for this service is about 115 fer day;
the rate per mil e based on 140 mil es per day all ows or some
expansion of existing service to more clients.
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4. Operations Procedure
A. Regular HandYtrans Service
Patrons will call in their requests for service at least 24 hours in
advance to the dispatching office by telephone. Patrons will be
requested to give poi nt of ori gi n, po; nt of dest; nat ion, and number
of persons in the party. Patrons wi 11 be advised of time of pick
up. Operator, by radio, will dispatch a vehicle to the point where
service is requested. Records shall be kept by Operator showing the
time calls are received and the time vehicles arrive at the address
to provide service. If additional call(s) on a demand basis are
received for pick ups in the vicinity of the first call or near the
routing of patrons in the vehicle, and capacity permits, vehicle
shall deviate from routing to pick up additional passenger(s).
Operator shall do everything possible to avoid any undue delay of any
patron, ei ther at the poi nt of pi ck up or enroute. Patrons sha 11
not, however, have any control over the route selected. Pick up of
patron shall occur within three (3) minutes before the time indicated
by the di spatcher and not more than seven (7) mi nutes after the
scheduled pick up time. Vehicles shall not wait for the patrons more
than two (2) minutes at any point after sounding horn. No animals
may be transported by the system, except for seeing-eye dogs. System
will transport patrons only within the service area.
Drivers shall assist to a reasonable degree in the loading and
unloading of elderly and handicapped passengers, parcels, and
personal effects.
Operator's drivers shall report to the Site Supervisor any hazardous
public right-of-way conditions (e.g. broken pavement, trees, and
signs) in their service area. Site Supervisor, in turn, shall
immediately notify the appropriate governmental authority of such
condition(s) .
B. Starlight Center Service
This service is on a subscription basis only. Operations procedure
for this service will be developed by Operator in conjunction with
Starlight Center and Regional Center.
5. Vehicles
A. Regular HandYtrans Service
1) Operator shall be responsible for providing four (4) vehicles of
the fo 11 owi ng types (with except ions granted by the City after
mutual Operator and City concurrence):
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3 vehicles each equipped with a wheelchair lift, a minimum of
two (2) tiedown stations, as well as capacity for at least
ten (10) other passengers
1 sixteen (16) passenger vehicle without a wheelchair lift
2) The vehicles shall conform to the following general
specifications and be equipped as follows:
(a) Fareboxes:
Operator shall be responsible for purchasing one locked
farebox for each vehicle and installing it in a secure
manner near the front passenger entrance door in each
vehicle. The farebox vaults shall be interchangeable.
(b) Radios:
Each vehicle shall be equipped with a two-way radio
provided by the Operator with a FCC licensed frequency
approved by the City. Radios shall be operational on the
first day of service.
(c) Grab Rails:
Grab rails shall be located on the interior of each vehicle
to provide adequate assistance to passengers.
(d) Lifts:
The lifts on lift-equipped vehicles shall be automatic or
semi-automatic electro-hydraulic side interior wheelchair
lifts. The lifts shall have a minimum-tested net-load
capacity of at least 700 pounds.
The platform shall have a barrier at its outer end to
prevent the wheelchair from rolling off the platform. This
barrier shall form a ramp to facilitate rolling the
wheelchair onto the platform when the lift is at ground
1 eve 1.
There shall be no shear points on the lift that could cause
injury to the lift platform occupant. The interior frame
of the lift shall be fully padded and insulated to insure a
safe and quiet operation while loading, unloading, and
transporting passengers.
The wheelchair lift entrance doors shall be double-side
doors immediately behind the front entrance door with a
clear opening to accommodate the lift mechanism. Side
doorway hei ght shall be at least 62".
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The City reserves the right to reject temporarily or
permanently by notice to the Operator any lift the Operator
proposes to use or subsequently utilize which the City
deems unacceptable.
(e) Wheelchair Restraints:
Each wheelchair station shall be equipped with a secure
restraint device that will secure the wheelchair to the
vehicle and the wheelchair passenger in his/her
wheelchair. These devices shall be adjustable to
accommodate varying tract width wheelchairs.
(f) Interior Headroom:
Each vehicle shall have interior headroom of at least 70
inches.
(g) Front Passenger Door:
Each vehicle shall have a right front door entrance
equi pped with a dri ver control mechani sm with rei nforced
door and instrument mounting areas. The exterior entrance
step shall have a non-skid surface and shall be no more
than 14 inches from the ground. A portable step must be
carried if the height from the first step to the ground is
greater than 10 inches. The front passenger door shall be
at least 62 inches in height from the floor of the vehicle.
(h) Seating:
Seating for ambulatory passengers in lift-equipped vehicles
sha 11 be on bench-type seats. A 11 permanent seats shall
have full foam backs and cushions.
(i) Air Conditioning:
All vehicles will be air conditioned.
(j) Additional Requirements:
All vehicles capable of transporting more than ten (10)
persons including the driver and wheelchair passengers,
shall meet all the requirements in the California Vehicle
Code for a bus. All parts of the vehicle and all equipment
mounted on or in the vehicle shall conform to the
provisions of the California Vehicle Code, Federal Motor
Vehicle Safety Standards and the California Administrative
Code, Title 13, with particular attention directed to the
California Highway Patrol Motor Carrier Safety
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Regulations. All vehicles shall have affixed to the
driver-door post or outer door edge, a certification that
the vehicle meets or exceeds all State and Federal
requirements as of the date of manufacture.
Each vehicle furnished by the Operator will be painted to
City specifications. In general terms, the paint scheme
will be white with blue accent stripes; in addition, the
designation "HANDYTRANS" will appear on both sides of the
vehicle and on the rear.
The Operator must furnish vehicles in good working
condition, both operationally and in appearance. The City
reserves the right to reject temporarily or permanently by
notice to the Operator, any vehicle the Operator proposes
to use or subsequently utilizes, which the City deems
unacceptable.
B. Starlight Center Service
Operator will be responsible for the following items regarding the
Starlight Center vehicles:
1) One person to serve as a "monitor" on board the Starlight Center
bus.
2) Preventive maintenance services on Starlight Center vehicles
used in this service. Preventive maintenance is defined as
scheduled inspections, lubrication, oil changes, and repair of
minor defects resulting from normal service. Preventive
maintenance is further defined as follows:
(a) Parts supplied by Operator shall be limited to filters,
lights, nuts, bolts, fittings, windshield wipers, belts,
hoses, electrical connections, refrigerant, one set of
tires per fiscal year, brakes, fuel and water pumps, and
related preventive maintenance items.
(b) Major repairs due to normal wear and tear, loss, or damage
(engine, transmission, rear end, running gear, air
conditioning, etc.) will be the responsibility of Starlight
Center.
3) Fuel for vehicle use as part of this service, based on maximum
of 140 miles per day.
4) One two-way radio for each Starlight Center vehicle used in this
service:
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6. Additional Responsibilities and requirements of Operator (both components
of HandYtrans service)
A. Daily management and operation of HandYtrans which will include:
vehicle operators, scheduling personnel, installing phone lines~
day-to-day supervision~ fare accounting and depositing with the City,
vehicle storage and maintenance, and general administrative and
management support as directed by the City.
B. On a monthly basis, submit the following data to the Transit
Coordinator:
HandYtrans Service
a) Number of Revenue Passengers
b) Number of HandYtrans Attendants
c) Total Boarding Passengers
d) Number of Wheelchair Passengers
e) Total Vehicle Service Miles
f) Total Vehicle Service Hours
g) Number of Vehicle Accidents
h) Number of Passenger Accidents
i) Number of Road Calls
j) Number of Complaints
k) Number of Full Time Equivalent Employees (Work Hours divided by
166.66)
1) Number of Vehicle Trips
m) Average Number of Passengers Per Trip
n) Average Trip Length Per Passenger
0) Total Sample Responses for Deviation Time
p) Number of Arrivals Within 0-10 Minutes of Schedule
q) Number of Arrivals Within 11-20 Minutes of Schedule
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r) Number of Arrivals Within 21-30 Minutes of Schedule
s) Number of Arrivals Past 30 Minutes of Schedule
Starlight Center Service
a) Number of Boarding Passengers
b) Total Vehicle Service Miles
c) Total Vehicle Service Hours
C. Compiling monthly reports which shall summarize the data collected
daily, giving mileage, revenue and operating cost figures. Also
included shall be statements of problems with proposed solutions and
suggestions for future improvements in service.
All transportation data reported to City must be in accordance with
Level C of the Uniform Financial Accounting and Reporting Elements
(FARE) as required under Section 15 of the Urban Mass Transportation
Act of 1964, as amended, and the Cal ifornia Publ ic Util ities Code,
Chapter 4, Section 99273.
All reports prepared by Operator shall be made available to the City
at no charge and shall be the property of the City. Operator may
make presentations and releases pertaining to the transportation
system with the permission of the City. Papers and other formal
publications shall be approved by the City before they are made
public. Operator will provide any other reports deemed necessary by
the City.
D. Operator wi 11 furnish uniforms for vehicle operators in conformance
with standards mutually agreed upon by the City and the Operator.
E. Fares collected are the responsibility of the Operator and shall be
deposited by the Operator daily in a bank designated by City. No
change will be made by the drivers. Operator is responsible for any
fare revenue losses or shortages until deposited.
F. Distributing transfers to all passengers transferring to other
systems.
G. All personnel furnished shall be subject to approval by the City.
The City shall have the right, contingent upon the Operator's
personnel policy guidelines, to ask for the removal temporarily or
permanently by notice to the Operator for any reasonable cause, any
personnel furnished by the Operator including any personnel
previously accepted by the City. All personnel shall be employees of
the Operator and the Operator shall be solely responsible for payment
of all employees' wages and benefits. Operator, without any expense
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to the City, shall faithfully comply with the requirements of all
applicable State enactments with respect to employee liability,
worker's compensation, unemployment insurance and other forms of
social security. Operator shall also be responsible for withholding
of income tax at its source from employees' wages and, furthermore
Operator shall indemnify and hold harmless the City of Chula Vista
and the State of California from any liability, damages, claims,
costs and expenses of any nature arising from alleged violation of
such enactments or from any claims of subrogation provided in such
enactments or otherwise.
H. Insuring that all drivers are competent, valid California Class II
licensed drivers qualified under all applicable Federal, State, and
local regulations for the operation of the type of vehicles to be
used.
1. Providing thorough training for all personnel for the proper
performance of their duties. Operator must have a training program
encompassing the National Safety Council Defensive Driving Course and
instruction in First Aid and CPR provided by a qual ified Red Cross
instructor. This program must also direct itself with dealing
specifically with transporting elderly, mentally retarded, and
mobility impaired persons. All new employees shall receive proper
training and instruction at the time of hiring and prior to being
assigned to the service.
J. Providing a site supervisor/dispatcher with at least one year of
experience in demand-responsive transportation. Site supervisor must
be available during all hours of system operation.
K. Operator will be responsible for keeping vehicles furnished by
Operator in a clean, orderly, and safe condition including exterior
washing and interior window washing at least weekly. Vehicles shall
be swept or vacuumed and all dirt and debris removed daily.
Safety and mechanical equipment, including wheelchair lifts, shall be
maintained by the Operator in accordance with all applicable vehicle
laws and regulations, including Title 13, Article 2 of the California
Administrative Code (Motor Carrier Safety Regulations) and Division
12 of the California Vehicle Code (Equipment of Vehicles). Operator
shall provide the City with copies of the semi-annual California
Highway Patrol Reports. The City reserves the right to make periodic
inspections of the Operator's equipment.
L. Operator's office/dis atch control center will be located in the Cit
of Chula Vista. perator shall adequate y equip t e dispatch contro
center for the efficient dispatChing of vehicles as well as handling
all telephone calls. Dispatch control center shall have a local
Chula Vista telephone number. Center personnel shall be responsible
for coordinating rides between HandYtrans and other fixed-route or
dial-a-ride systems as directed by the Transit Coordinator.
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M. Operator shall be responsible for paying any and all business taxes
that may be required for the operation of the service within the City
of Chula Vista and the County of San Diego.
N. Workman's Compensation: On signing the agreement, Operator must give
the City either a Certificate of Consent to Self Insure issued by the
Director of Industrial Relations or a Certificate of Worker's
Compensation insurance issued by an admitted insurer or an exact copy
of duplicate thereof certified by the Director or the insurer.
Operator wi 11 be aware of and wi 11 comp 1 y with Labor Code Sect ion
3700 and the Worker's Compensation Law.
O. Insurance: Upon signing an agreement, Operator must procure and
maintain throughout the term of the agreement an insurance policy for
Comprehensive General Liability and Automobile Liability in the
minimum amount of $10,500,000. Automobile 1 i abil ity wi 11 cover the
vehicles furnished by Operator and used in the Regular HandYtrans
service. In automobile liability containing a deductible, Operator
will be responsible for any and all damage to vehicles.
Operator will name City of Chula Vista as additional insured and
sh a 11 prov ide City with a copy of po 1 icy or Cert if i cate of
Insurance. The policy or certificate shall not be altered or
cancelled without giving City thirty (30) days written notice.
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EXHIBIT B
REGULAR HANDYTRANS SERVICE
(July 1, 1983 to June 30, 1984)
Cost Breakdown Excluding
Lump Sum Start-up Costs (if any)
EXPENSE OBJECT CLASS*
Labor
OOperators Salaries & Wages
OOther Salaries & Wages
Fringe Benefits
Services
Materials & Supplies
oFuels and 1ubricants**
oTi res & Tubes
OOther Materials & Supplies
Util ities
Casualty & Liability Costs
Taxes
Miscellaneous Expenses
Expense Transfers
Interest Expense
Leases & Rentals
Depreciation & Amortization
Other (Management Fee,
Profit, etc.)
TOTAL ANNUAL COST
OBJECT CLASS
NO.
501.00
501.01
501.02
502.00
503.00
504.00
504.01
504.02
504.99
505.00
506.00
507.00
509.00
510.00
511.00
512.00
513.00
N/A
PROPOSED ANNUAL COST BASED
ON VEHICLE SERVICE HOUR RATES
$ 33,935
34,176
20,433
2,300
19,600***
1 ,500
17,633
1,200
3,696
1 7,027
4,800
20,400
9,900
$ 186,600
Legal requirements for
* These definitions conform with State of California
use of Local Transportation funds.
** For cost computation purposes, use $1.25 per gallon of fuel, including
taxes. See Section 4 of agreement.
*** The number of gallons estimated at 6,720 vehicle service hours is based on
actual HandYtrans experience at rates of 6 mpg fuel consumption and 14 mph
average rate of speed.
Computation of cost per hour rate:
Total Cost-!- Estimated/Vehicle Service Hours = Hourly Rate
$186,600 6,720 ~27.767
~-\l&-S-8
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EXHIBIT C
REGULAR HANDYTRANS SERVICE
(July 1, 1984 to June 30, 1985)
EXPENSE OBJECT CLASS*
Labor
OOperators Salaries & Wages
OOther Salaries & Wages
Fri nge Benefits
Services
Materials & Supplies
oFuels and lubricants**
oTires & Tubes
OOther Materials & Supplies
Utilities
Casualty & Liability Costs
Taxes
Miscellaneous Expenses
Expense Transfers
Interest Expense
Leases & Rentals
Depreciation & Amortization
Other (Management Fee,
Profit, etc.)
TOTAL ANNUAL COST =
Cost Breakdown
OBJECT CLASS
NO.
PROPOSED ANNUAL COST BASED
ON VEHICLE SERVICE HOUR RATES
501.00
501.01
501.02
502.00
503.00
504.00
504.01
504.02
504.99
505.00
506.00
507.00
509.00
510.00
511 .00
512.00
513.00
N/A
$ 35,632
35,885
21,455
2,415
21,168***
1,575
18,515
1,260
3,880
17,878
5,040
20,400
11,415
$196,518
* These definitions conform with State of California Legal requirements for
use of Local Transportation funds.
** For cost computation purposes, use $1.35 per gallon of fuel, including
taxes. See Section 4 of agreement.
*** The number of gallons estimated for 6,720 vehicle service hours is based
on actual HandYtrans experience at rates of 6 mpg fuel consumption and 14
mph average rate of speed.
Computation of cost per hour rate:
Total Cost -+- Estimated/Vehicle Service Hours = Hourly Rate
$196,518 6,720 $29.243
1<- IJ 9- )8
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EXHIBIT 0
STARLIGHT CENTER SERVICE
(July 1, 1983 to June 30, 1984)
Cost Breakdown Excluding
Lump Sum Start-up Costs (if any)
EXPENSE OBJECT CLASS*
Labor
OOperators Salaries & Wages
OOther Salaries & Wages
Fringe Benefits
Services
Materials & Supplies
oFuels and lubricants
oTi res & Tubes
OOther Materials & Supplies
Util ities
Casualty & Liability Costs
Taxes
Miscellaneous Expenses
Expense Transfers
Interest Expense
Leases & Rentals
Depreciation & Amortization
Other (Management Fee,
Profit, etc.)
TOTAL ANNUAL COST
OBJECT CLASS
NO.
PROPOSED ANNUAL COST BASED
ON VEHICLE SERVICE MILE RATES
501.00
501.01
501.02
502.00
503.00
504.00
504.01
504.02
504.99
505.00
506.00
507.00
509.00
510.00
511.00
512.00
513.00
N/A
$ 11 ,340.00
4,725.00
8,835.12
7,495.08
6,552.00
4,800.00
$43,747.20
* These definitions conform with State of California Legal requirements for
use of Local Transportation funds.
** Maintenance at 140 miles/day @ 20t/mile - includes parts, labor and tires.
Computation of cost per mile rate:
Total Cost ~ Estimated/Vehicle Service Miles = Mileage Rate
$43,747.20 35,280 $1.24
~- l\~$'8
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