HomeMy WebLinkAboutReso 1981-10505
Form No. 342
RESOLUTION NO. 10505
RESOLUTION OF THE CITY COUNCIL OF~-.pfiE'CrrY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND COMMUNITY TRANSIT SERVICES, INC. TO OPERATE
HANDYTRANS FOR FISCAL YEAR 1981-1983
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 that that certain agr~ement
between THE CITY OF CHULA VISTA, a municipal corporation, and
COMMUNITY TRANSIT SERVICES, INC. to operate HandYtrans for the
period July 1, 1981 to June 30, 1983
dated the 1st day of July , 19 81
which is attached hereto and incorporated herein,
fully set forth herein be, and the same is hereby
, a copy of
the same as though
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
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W. J. Robens, Development Services
Administrator
George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 16th day of June , 1981 , by
AYES:
Councilmen McCand1 i 55, Scott, Gi 11 ow, Cox
NAYES:
Councilmen None
Mayor Hyde
liI~
Mayor/of the ity of Chula Vista
pro Tempore
ABSENT:
Councilmen
STATE OF CALIFORNIA)
COU~ry OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
, City Clerk of the City
that the above is a full,
, and that the same has
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
City Clerk
AGREEMENT
THIS AGREEMENT is made this 1st day of July, 1981, by
and between the CITY OF CHULA VISTA, hereinafter referred to
as "City," and COMMUNITY TRANSIT SERVICES, INC., hereinafter
referred to as "M&O" (Management and Operations).
WITNESSETH:
WHEREAS, M&O has the management and technical
personnel, expertise, 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, M&O is desirous of providing such service;
NOW THEREFORE, in consideration of the foregoing
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 M&O to provide
transportation management and operations services upon the
terms and conditions hereinafter set forth.
2. Scope of Work: M&O will provide the services to be
rendered as set forth in Exhibit "A" (Scope of Services)
attached hereto and by reference incorporated herein and
made a part hereof.
3. Time period:
from July 1, 1981, to
years.
The term of this agreement shall be
June 30, 1983, for a period of two
4. Maximum Obligation: City agrees to pay M&O in
consideration for its services described herein. The
maximum cost to be paid by City to M&O for the period July
1, 1981, to June 30, 1982, shall not exceed $190,853; and
for the period July 1, 1982, to June 30, 1983, shall not
exceed $207,079. If this agreement is terminated before
June 30, 1983, the vehicle lease cost will be recalculated
and prorated at the one year lease rate of $33,600. A
breakdown of the annual budget for the period July 1, 1981,
to June 30, 1983, is set forth in Exhibit B (Cost
Breakdown) .
5. Price Formula: City agrees to pay M&O for
performance of the services set forth in this agreement as
follows: Payment of a fixed hourly rate of $25.28 per
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(b) Other charges not covered in the hourly rate
shall be billed monthly with charges directly traceable to
receipts or bills, copies of which shall be attached to the
invoice. Each such statement shall contain a certification
that all amounts billed are in accordance with this
agreement.
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 M&O, when in the opinion of the
City, expressed in writing to M&O:
a) M&O performance, in whole or in part, either
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vehicle service hour for the period July 1, 1981, to June
30, 1982, and a fixed hourly rate of $26.91 for the period
July 1, 1982, to June 30, 1983. The hourly rate will
include all costs except fuel cost, which will be subject to
periodic review.
(a) Vehicle service hours will be computed by
using the time each vehicle leaves the garage for its first
pickup point each day and until such time as each vehicle
returns to the garage at the end of each operational day
excluding time for driver lunch breaks.
(b) The hourly rate shall include, but not be
limited to, the following: vehicle operators', management's
and controller's wages; employee fringe benefits; overhead
costs; maps and charts; bus washing and cleaning supplies;
uniforms; report reproduction; dispatch office and supplies;
vehicles and licenses; vehicle insurance; oil; radio
licenses; and vehicle maintenance and repairs.
(c) City shall provide overnight parking space
for four (4) vehicles.
6. M&O shall submit the invoices to City as follows:
(a) Hourly costs shall be directly traceable by
dispatcher and/or driver trip sheets and employee time
cards, which will be available for review by City. Hourly
costs shall be submitted monthly.
(b) Other charges not covered in the hourly rate
shall be billed monthly with charges directly traceable to
receipts or bills, copies of which shall be attached to the
invoice. Each such statement shall contain a certification
that all amounts billed are in accordance with this
agreement.
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 M&O, when in the opinion of the
City, expressed in writing to M&O:
a) M&O performance, in whole or in part, either
has not been carried out or is insufficiently documented;
b) M&O has neglected, failed or refused to
furnish information or refused to cooperate with any
inspection, review or audit of its program, work, or
records;
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c) M&O 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 M&O 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:
Accounts Receivable
COMMUNITY TRANSIT SERVICES, INC.
2121 West Crescent Avenue, Suite D
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 M&O adherence to all contractual requirements.
8. Operating Revenues: Fares collected are the
responsibility of M&O. Fares collected shall be deposited
by M&O with a bank designated by the City on a daily basis.
A properly filled out "tally sheet" shall accompany each
deposi t.
9. Charter Services: Charter services will be provided
by M&O 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.
10. Control:
(a) All services to be rendered by M&O under this
Agreement shall be subject to the control of City. M&O
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 M&O's normal internal business affairs and shall not
attempt to directly discipline or terminate M&O employees.
City may advise M&O of any employee's inadequate performance
which has a negative effect on the service being provided,
and M&O shall take prompt action to remedy the situation.
In extreme cases, City may demand removal of an M&O
employee.
11. Management: During the term of this Agreement, M&O
shall provide sufficient executive and administrative
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PAGE 4
personnel as shall be necessary and required to perform its
duties and obligations under the terms hereof.
12. Medical Assistance to Passengers: M&a's employees
shall not be required to perform any medical or quasl-
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: M&a shall purchase uniforms for
employees and shall require the employees to wear them.
design, type, and logo of the uniforms shall be subject
City's approval.
The
to
14. Changes: In the event Ci ty orders changes from the
list of work shown in Exhibit "A" (Scope of Work) or for
other causes orders additional M&a work not contemplated
hereunder, additional compensation shall be allowed for such
extra work according to the method defined under the heading
"Price Formula." City shall promptly notify M&a 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
negotiated renewal agreement must be executed thirty (30)
days prior 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, M&a shall not be
inhibited, penalized, or disqualified from bidding
subsequent transportation management and operation programs
under the jurisdiction of City.
17. Succession: M&a 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 arising out of or
relating to the provisions of this Agreement, or the breach
thereof, shall be settled 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
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PAGE 5
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 City's
transportation system upon forty-eight (48) hours written
notice to M&O. City shall be liable for all relevant costs
incurred prior to the stop-work period and for restart, if
any. City shall be obligated for the costs including
severance for personnel assigned to City's transportation
system for a period not to exceed four (4) weeks after the
stop work goes into effect. M&O shall make all reasonable
efforts to minimize costs to City.
20. Termination:
(a) The City or M&O may terminate the contract
upon a finding that the other party has not carried out the
terms as set forth in the contract or has otherwise failed
to comply with the provisions of the contract. 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 termination, the
City shall be the sole judge as to whether M&O's corrective
measures are adequate.
(b) The contract may also be terminated if the
City and M&O agree that continuation of the system would not
produce beneficial results commensurate with the further
expenditure of funds.
(c) The contract 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 (c) above, the
City shall be liable for costs and a prorate of the fee as
specified under the heading "Price Formula" 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 cost.
(e) In the event City is delinquent in paying M&O
as stated in Section 7, by more than fifteen (15) calendar
days and has received a statement by certified mail of the
delinquency from M&O, then M&O may serve, by certified mail,
a notice of its intent to suspend operations at least seven
(7) calendar days subsequent to the receipt of notice by
City. If City does not correct the delinquency or if the
parties do not agree to arbitrate the dispute under the
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PAGE 6
provisions of this Agreement, then M&O 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 M&O:
Contract Administrator
COMMUNITY TRANSIT SERVICES, INC.
Suite D
2121 West Crescent Avenue
Anaheim, CA 92801
With copy to:
President
COMMUNITY TRANSIT SERVICES, INC.
Suite D
2121 West Crescent Avenue
Anaheim, CA 92801
If to City:
Transit Coordinator
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, 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 M&O
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 M&O under this Agreement shall be made available to City
with no royalties, charges, or other costs, but shall be
owned by M&O. All manuals prepared by M&O under this
Agreement shall be made available to City at no charge but
shall be owned by M&O and shall not be copied, disclosed, or
released by City or City's representative or participating
organization without prior written consent of M&O. Reports
are excluded from this provision, and shall be owned by
City. M&O, however, shall have the right to print and issue
copies of these reports. M&O 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) M&O shall not be held responsible for losses,
delays, failure to perform, or excess costs caused by events
beyond the control of M&O. 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 Standard Metropolitan Statistical
Area Cost of Living Index, exceeds a rate of thirteen (13)
percent per year, only after six (6) months of M&O 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 M&O 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, M&O 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, M&O shall follow instruction of City. M&O
must attempt to contact responsible City officials and if
contact cannot reasonably be made, M&O 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. M&O shall be
reimbursed in accordance with the normal "Price Formula" and
"Payment" 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 M&O's actual costs.
Reimbursement for such emergency services, only undertaken
under direction of the City, shall be over and above
"Maximum Obligation" of this contract. Immediately after
the emergency condition ceases, M&O shall reinstitute normal
transportation services.
27. Audit: M&O shall permit the authorized
representatives of City, the San Diego Metropolitan Transit
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PAGE 8
Development Board, the San Diego Comprehensive Planning
Organization, the State, and the U. S. Department of
Transportation, and the Comptroller General of the United
States to inspect and audit all data and records of the
contractor relating to performance under this Agreement.
M&O operates on a four-four-five week accounting cycle which
is acceptable to City.
28. Transportation Data Reporting: M&O shall 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. M&O shall
also prepare the operating records as set forth in Exhibit A
(listed under responsibilities of contractor).
29. Licenses: A license and a Certificate of Public
Convenience and Necessity to operate in accordance with this
Agreement are hereby granted to M&O. Any franchise or
business license fees that City might ordinarily require for
operation in accordance with this Agreement are hereby
expressly waived by City.
30. Workers' Compensation: M&O 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. General Insurance: Throughout the term of this
Agreement, M&O shall procure and maintain a Five Million
Dollar ($5,000,000) general business liability and umbrella
insurance policy.
M&O shall name City of Chula Vista as additional
insureds on this policy and shall provide City with a copy.
The policy or certificate shall not be cancelled or altered
without giving City thirty (30) days written notice of such
cancellation or alteration.
32. Vehicle Insurance:
(a) M&O shall take out and maintain during the
life of this contract such public liability and property
damage insurance covering 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
M&O's or any subcontractor's operations under this contract,
whether such operations be by M&O or by any subcontractor or
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anyone directly or indirectly employed by either M&O or any
other subcontractor. M&O shall provide comprehensive
automotive liability in the amount of $1,000,000 combined
single limit and bodily injury and property damage
liability. Coverage will also include automobile
comprehensive, fire and theft and automobile collision with
$1,000 deductible. M&O will be responsible for paying the
deductible.
(b) M&O 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, M&O shall cause its staff
personnel to be covered under an appropriate bond protecting
City from employee theft up to the amount of Fifty Thousand
Dollars ($50,000) with respect to anyone occurrence by M&O
employees.
34. Nondiscrimination:
(a) In connection with the execution of this
Agreement, M&O shall not discriminate against any employee
or applicant for employment because of age, race, religion,
color, sex, or national origin. M&O shall take affirmative
actions to insure that applicants are employed, and 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.
(b) M&O shall also comply with the requirements of
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
with all applicable regulations, statutes, laws, etc.,
promulgated pursuant to the civil rights acts of the state
and federal government now in existence or hereafter
enacted. Further, M&O shall also comply with the provisions
of Section 1735 of the California Labor Code.
35. Minority Business Enterprise: In connection with
the performance of this contract, M&O will cooperate with
City in meeting City's commitments and goals with regard to
the maximum utilization of minority business enterprises and
will use its best efforts to insure that minority business
enterprises shall have the maximum practicable opportunity
to compete for subcontract work under this contract.
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36. Cross-Hiring of &~ployees, Officers, Members:
(a) During the term of this Agreement, M&O 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 M&O without prior approval of M&O. 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 referrd to
above.
(b) During the 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 M&O's successor, shall be permitted to
hire any M&O employee previously employed on this program.
At that time, in hiring an M&O employee or a former M&O
employee, City shall insure and require that employment
process fairly treat the ex-M&O employee as a member of the
general public with no discrimination, no waiver of job
advertising, no consideration of M&O 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: M&O shall
not divert any revenues, passengers, or other business from
City's project to any taxi or other transportation operation
of M&O.
40. Transfer of Title to Equipment: Equipment and
supplies purchased by M&O 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 M&O.
41. Headings: The headings or titles to sections of
this Agreement are not part of the Agreement and shall have
no effect upon the construction or interpretation of any
part of this Agreement.
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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 M&O, M&O 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 M&O, shall be cause for
termination of the contract.
43. Infringement of patents: M&O will, 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 contractor prompt
notice in writing of the constitution of the suit or
proceeding and permits the contractor through his legal
counsel to defend the same and gives M&O all needed
information, assistance and authority to enable the
contractor 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 M&O as a
result of the contract or exercise thereof.
45. Liability: M&O 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 M&O, whether or not
it shall be claimed that the injury was caused through a
negligent act or omission of M&O or its employees; and M&O
shall, at its own expense, defend any and all such actions,
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 M&O 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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PA.GE 12
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
COMMUNITY TRANSIT SERVICES, INC.
By:
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Date:
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Date:
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ATTEST:, .~~
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Date: ~//7/J;1 6---2 {-!-r
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Approved as Z- form:
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Date: 1,//7/.1;/
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EXHIBIT A
Scope of Work
1. System Management and General Operations: HandYtrans
is a specialized curb-to-curb transportation service
for eligible seniors and mobility impaired persons.
M&O will provide the equipment, as well as the
management, technical and operating personnel necessary
to operate HandY trans as required by the City. M&O
will manage and operate HandYtrans in accordance with
the policies and procedures established by the City,
and with good management practice.
M&O will provide the properly trained supervisor,
vehicle operators, controllers, and maintenance
personnel needed to operate the system. Throughout the
day, supply in terms of controllers and operators will
be tailored to demand.
Management of day-to-day operations of the system will
be vested in a location supervisor who will be well
experienced in all aspects of transit operations. In
addition, a responsible senior employee of M&O will be
available at all times, either by phone or in person,
to make major decisions or provide coordination as
necessary.
The above individuals will be responsible for
monitoring all aspects of the system operation.
Included are ridership, quality of service, fare
collection and accounting, attitudes, motivations, and
performance of all personnel. Methods of improving
system operations and service will be sought, and the
results will be reported to the City along with any
corrective actions which may have been taken.. In no
case will a corrective action which affects the nature,
quality, or quantity of service be taken without first
obtaining City approval. In addition to operating the
vehicles and the control center, M&O personnel will
perform fare accounting, fare collection, and collect
data for periodic analysis. M&O will provide vehicles;
vehicle cleaning; vehicle dispatching; insurance;
maintenance on vehicles; and uniforms for vehicle
operators.
2. Service Area:
HandY trans service will operate in the general area of
the City of Chula vista with minor excursions into
contiguous areas. The project will serve an area of
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approximately 20 square miles with an elderly and
handicapped population of roughly 13,200.
3. Days and Hours of Operation:
The service will be available a minimum of eight (8)
hours per day (8:30 a.m. to 4:30 p.m.), five days per
week (Monday through Friday), and six (6) hours per day
on Sunday as directed by the City. The service will
not operate on legal holidays, designated to be New
Year's Day, Memorial Day, July 3, 1981, Labor Day,
Thanksgiving Day, and Christmas Day.
4. System Operation:
HandYtrans patrons will call in their requests for
service at least 24 hours in advance of their requested
trip to the dispatching office by telephone. Patrons
will be requested to give point of origin, point of
destination, and number of persons in the party.
Patrons will be advised of time of pick up. M&O, by
radio, will dispatch a vehicle to the point where
service is requested. Records shall be kept by
contractor 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). M&O shall do everything
possible to avoid any undue delay of any patron, either
at the point of pick up or enroute. Patrons shall 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 dispatcher and not
more than seven (7) minutes 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.
Drivers shall report to the site supervisor any
hazardous public right-of-way conditions (e.g. broken
pavement, trees, and signs) in thei r serv ice area.
Site Supervisor, in turn, shall immediately notify the
appropriate governmental authority of such
condition(s) .
/0 sob'
PAGE 3
5. Vehicles:
M&O shall provide four (4) vehicles of the following
types (with exceptions granted by the City after mutual
M&O and City concurrence):
(a) 3 vans each equipped with a wheelchair lift,
two tiedown positions and capacity
for at least seven other passengers.
(b) 1 12-passeng er van wi tho ut a wheelcha i r 1 ift
Each vehicle shall be equipped with a two-way radio
provided by M&O with an approved FCC licensed
frequency.
Each vehicle will be equipped with a farebox provided
by M&O.
All vehicles capable of transporting more than ten
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 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.
M&O must furnish vehicles in good-working condition,
both operationally and appearance-wise. Each used
vehicle must have a proven performance history. The
City reserves the right in its sole discretion to
reject temporarily or permanently by notice to M&O, any
vehicle M&O proposes to use or subsequently utilizes,
which the City deems unacceptable.
6. Responsibilities of City - Responsibilities of M&O:
A. The City will be responsible for providing the
following:
(1) Determining eligibility of riders and issuing
identification cards.
(2) providing marketing support, advertising and
I D SO c;
PAGE 4
promotional material.
with promotion efforts
required.
M&O shall cooperate
as may be reasonably
(3) Supplying tickets enabling HandYtrans
passengers to transfer to Chula Vista
Transit, San Diego Transit, and the San Diego
Trolley.
B. M&O will be responsible for the following:
(1) Management and operation of the service which
will include vehicle operators, scheduling
personnel, phone lines, day-to-day
supervision, fare accounting and depositing
with the City, vehicle storage and
maintenance, and general administrative and
management support.
(2) Maintaining the following operational
records:
(a) Daily ridership by vehicle.
(b) Daily ridership of wheelchair-bound
passengers.
(c) Daily mileage by vehicle.
(d) Daily revenue by vehicle.
(e) Trip log for each vehicle operator.
(f) Dispatch records showing times for:
a. Receipt of service request.
b. pick up assignment made.
c. Actual pick up.
d. Variance between promised and
actual pick up times.
e. Actual delivery of passenger.
(g) Daily record of stated trip purpose.
(h) Daily record of service requests not met and
the reasons they were not met.
~~~
PAGE 5
(3) 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 reports prepared by M&O shall be made
available to the City at no charge and shall
be owned by the City. M&O 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. M&O will
provide any other reports deemed necessary by
the City.
(4) providing uniforms for vehicle operators in
conformance with standards mutually agreed
upon by the City and the contractor.
(5) Fares collected are the responsibility of the
contractor and shall be deposited by the
contractor at least weekly with the City. No
change will be made by by driver.
(6) Distributing tickets to all passengers
transferring to Chula Vista Transit, San
Diego Transit, and the San Diego Trolley.
M&O will honor any transfers from CVT, SDTC,
or the Trolley.
(7) All M&O personnel shall be subject to
approval by the City. The City shall have
the right, contingent upon M&O's personnel
policy guidelines, to ask for the removal
temporarily or permanently by notice to M&O
for any reasonable cause, any personnel
furnished by M&O including any personnel
previously accepted by the City. All
personnel shall be employees of M&O and M&O
shall be solely responsible for payment of
all employees' wages and benefits. M&O,
without any expense 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. M&O shall also be
responsible for withholding of income tax at
10 50S
PAGE 6
its source from employees' wages and,
furthermore M&O shall idemnify 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.
(8) Insuring that all operators 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.
(9) Training: M&O will conduct a comprehensive
training program for employees. Training
will include such items as vehicle
preoperations check, public relations,
safety, defensive driving, first aid and CPR,
radio procedures, forms, policies, and
procedures. All system personnel will also
receive M&O's comprehensive training dealing
specificaly with the transporting of the
mobility-impaired. This includes an
exclusive Empathy Training course dealing
with the emotional, as well as physical,
problems encountered by elderly and
handicapped persons as they utilize public
transit.
The initial training will be conducted in a
classroom environment and in the vehicles.
Lectures, audiovisuals, simulations, tests,
and other techniques will be used to achieve
a proper training. Safety will be stressed,
and classes will be given by instructors
accredited by the National Safety Council.
All vehicle operators will be trained in all
methods of operations so that maximum
flexibility exists in the event of sickness
and for efficiency.
A continuing training/retraining and safety
program is essential. This will consist of
training new operators and controllers, and
also the retraining of vehicle operators
whose performance falls below standard.
Safety and defensive driving will be a
continuing education process throughout the
program. Monthly safety meetings, on-board
! 0<)06--
PAGE 7
safe-driving checkouts, safety radio
messages, posters, and other communication
techniques will be applied. The on-going
program by the National Safety Council will
be incorporated as part of this effort.
(10) M&O shall adequately equip the dispatch
control center, for the efficient dispatching
of vehicles as well as handling all telephone
calls. Dispatch control center shall have a
local telephone number with a 420-427, 429,
or 575 prefix. Center personnel shall be
responsible for coordinating rides between
HandYtrans and local fixed route transit.
(11) M&O 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.
(12) On signing the contract, contractor 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. M&O will be aware of and
will comply with Labor Code Section 3700 and
the Worker's Compensation Law.
~~0
PAGE 8
EXHIBIT B
COST BREAKDOWN (July 1, 1981, to June 30, 1982)
LABOR (Direct Payroll plus Indirect Costs)
$ 93,454
OPERATING COSTS
34,814
SUB TOTAL
$128,268
FEE (9.5%)
12,185
$140,453
29,400
VEHICLE LEASE COST
$169,853
FUEL COST:
14,838 gallons at $1.35 gallon
Handling Charge
$ 20,031
969
TOTAL FUEL COST
$ 21,000
MAXIMUM CONTRACT COST:
Labor/Operations Costs
Fuel Cost
$169,853
21,000
$190,853
HOURLY RATE:
Labor/Operations Costs: 6,720 Service Hours =
$169,853 : 6,720 = $25.28
TOTAL CONTRACT COST = $25.28/hour PLUS fuel cost,
not to exceed $190,853
NOTE:
lease
lease
If agreement is terminated before June 30, 1983, vehicle
cost will be recalculated and pro-rated at the one year
rate of $33,600.
; O,?-00-
PAGE 9
COST BREAKDOWN (July 1, 1982, to June 30, 1983)
LABOR (Direct Payroll plus Indirect Costs)
OPERATING COSTS
Sub To tal
FEE (9.5%)
VEHICLE LEASE COST
FUEL COST:
14,838 gallons at $1.69 gallon
Handling Charge
TOTAL FUEL COST
MAXIMUM CONTRACT COST:
Labor/Operations Costs
Fuel Cost
HOURLY RATE:
Labor/Operations Costs: 6,720 Service Hours =
$180,829 : 6,720 = $26.91
TOTAL CONTRACT COST = $26.91/Hour PLUS fuel cost,
Not to exceed $207,079
!{)':)O)j-
$ 99,996
38,295
$138,291
13,138
29,400
$180,829
$ 25,076
1,174
$ 25,250
$180,829
26,250
$207,079