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California
RI~OLUTION NO. 93-45
A RF.qOIX~ON OF THE TOWN COUNCIL OF THE TOWN
OF TRUCKI~ AUTHOR17ING AND DIRECIING THE TOWN
MANAGER TO EXECUTE AN AGR~WIENT WITH TAHOE
FOREST I-IOSPITAL DISTRICT AND HICg-I SIERRA SI~IOR
CITIZENS~ INC. TO PROVIDE EI DERLY AND DISABI ~
TRANSPORTATION
BE 1T RE~OLVED:
That the Town Manager is hereby authorized and directed to
execute the Agreement among the Town of Truckee and the Tahoe
Fore~ Hospital District and High Sierra Senior Citizens, Inc. to
provide elderly and disabled transportation, attached hereto as
Exhibit "A".
The foregoing Resolution was introduced at a Regular Meeting of the
Council of the Town of Truckee, held on the 17th day of June, 1993, by Council
Member Drake who moved its adoption, which motion being duly seconded by
Council Member Aguera was upon mil call carded and the Resolution adopted by
the following vote:
AYES: Council Members Aguera, Botto, Cross, Drake and
Mayor Eagan
NOES: None
ABSENT: None
Kathleen Eagan, Mayor
AI'II~'T:
C. W. Masonhei~'~r, Town Clerk
AGREEMENT
ELDERLY AND DISABLED TRANSPORTATION
TOWN OF TRUCKEE
THIS AGREEMENT is made and entered into this 1st day of July,
1993, by and between The TOWN OF TRUCKEE, hereinafter
referred to as "Truckee", TAHOE FOREST HOSPITAL DISTRICT,
hereinafter referred to as "District", and HIGH SIERRA SENIOR
CITIZENS INC., a California non-profit corporation,
hereinafter referred to as "Seniors".
RECITALS
WHEREAS Truckee has agreed to fund the operation of vehicles
by Seniors for providing specialized transportation to the
elderly and disabled citizens of Eastern Nevada County, and;
WHEREAS District recognizes that the transportation services
are a benefit to the public because they supplement the
District's role as a provider of public health services for
Eastern Nevada County and therefore has agreed to provide
management services for the service funded by Truckee and
provided by Seniors, and;
WHEREAS vehicles have been acquired pursuant to Contract Nos.
84G546, dated February 25, 1988 and amended April 3, 1989,
and 84H979, dated January 20, 1989 with State of California
Department of Transportation by High Sierra Senior Citizens,
Inc. to provide such services.
NOW, THEREFORE, the parties mutually agree as follows:
.1. Definitions
A. Elderly: A person sixty (60) years of age and older.
Disabled: A person who meets the eligibility
requirements for classification as disabled according
to the terms and conditions contained in the
eligibility section of The Americans with Disabilities
Act (ADA). Subject terms and conditions are listed as
Exhibit "C" of this Agreement.
Eastern Nevada County: All that portion of property
located in Eastern Nevada County, State of California
within the boundary lines described as follows:
Town of Truckee
Paratransit Services Agreement
Page Two (2)
Beginning at a point on the West Line of Section 14,
Township 17 North, Range 15 East at the Nevada
County Line, thence North along the West line of
section 14 and continuing North along the West line of
Section 11 and 12, Township 17 North, Range 15 East,
and continuing North along the West line of Section 35
and 36, Township 18 North, Range 15 East, and
continuing East along the North lines of Section 31
through 38 in Township 18 North, Range 17 East to the
Northeast corner of said section 36, thence from the
Northwest Corner of Section 6, Township 17 North, Range
18 East continuing East along the North Line of Section
8 to the California/Nevada State Line, thence South
along the State Line to the Placer/Nevada County line
to the point of beginning.
Patron: A person living within Eastern Nevada County
who has been determined to be eligible as elderly,
disabled, or eligible for paratransit services per the
guidelines of The Americans with Disabilities Act
(ADA);
E. The Vehicles:
1) 1989 Ford Econoline Van VIM# 1FTHS34GSKHB70315
2) 1989 Ford Econoline Van VIN# 1FTH534G21CHB57636
Legal Owner is California Department of Transportation;
registered owner is High Sierra Senior Citizens, Inc.
Fm
Trip Mileage: Trip mileage is recorded (or computed) to
the nearest mile from the point at which the vehicle
leaves the Senior Center parking area on Estates Drive
to the point of the vehicle's return to that same area.
Ride Mileage: Ride mileage is recorded (or computed)
to the nearest miles from the point at which a patron
ts ptcked up to the potnt of discharge.
Ar~a of Service: Primarily the service shall be
furnished within the boundaries specified in Section
1.C. Service may be provided outside of these
boundaries, including out-of-County medical trips as
set forth below.
Town of Truckee
Paratransit Services Agreement
Page Three (3)
2. Term o~ A~reement
Services of Seniors and District are to commence under the
terms of this Agreement on the first day of July, 1993,
and shall terminate on the 30th day of June, 1994, unless
earlier terminated as provided for herein.
3. 8cooe o~ Services
The purpose of this Agreement is to provide transportation
services for the elderly and disabled residing within
Eastern Nevada County. These service are to be provided by
the salaried employees of Seniors. Seniors shall provide
the vehicle registration, fuel, maintenance, and insurance
on system vehicles. Oistrict shall provide project
management and program oversight by supplying one of their
employees to serve as Project Director.
4. Comoensation
Truckee shall pay Seniors the maximum sum of $84,258 in
equal monthly installments as set forth in Exhibit "A" as
compensation for the service to be provided under this
Agreement. In additional Seniors shall keep all fares
collected from patrons. Said sums include all compensation
for Senior's services. District shall provide a Project
Director.
In the event that Truckee finds it necessary to reduce its
budget in order to maintain sound fiscal stability,
Seniors agrees that its services may be reduced to reflect
budget cuts. If such cuts occur, Seniors will be paid at
the full contract price for services already performed and
at the reduced rate for prospective services only.
5. Annual Budqet and Reoortinq
A copy of the budget for this Contract is attached as a
part of Exhibit "A". It shall be the responsibility of
the Project Oirector to insurance that Seniors adheres to
its budget except that line items may vary by up to ten
percent (10%} without approval from Truckee, District, or
Seniors' Board so long as the monthly budget amount is not
exceeded.
Town of Truckee
Paratranstt Services Agreement
Page Four (4)
Seniors shall submit a quarterly report to Truckee within
fifteen days from the end of each quarter. The quarterly
report shall identify the amounts expended and the
correlation to the budget. Seniors shall not use any funds
derived from this Agreement for salaries, wages, or
benefits, other than those specified in the budget
attached as Exhibit "A" for any of its employees,
officers, and agents.
6. ~ooks of Record and Audit Provision
Seniors shall maintain on a current basis complete books
and records relating to this Contract. Such record shall
include, but not be limited to, documents supporting all
bids, all income, and all expenditures. The books and
records shall be original entry books with a general
ledger itemizing all debts and credits for the work on
this contract.
In addition, Seniors shall maintain detailed payroll
records including all travel and maintenance expenses and
canceled checks, receipts, and invoices for all items.
These documents and records shall be retained for at least
five years from the completion of this Contract.
Seniors will permit Truckee to audit all books, accounts
or records relating to this Contract or all books,
accounts, or records of any business entities controlled
by Seniors who partlcipated in this Contract in any way.
Any audit may be conducted on Seniors' premises or, at
Truckee's option, Seniors shall provide all books and
records within a maximum of fifteen (15) days upon receipt
of written notice from Truckee.
Seniors shall refund any moneys expended for services for
expenses which are not within the scope of this contract.
If Truckee ascertains that Seniors has expended funds for
unauthorized purposes in an amount equaling 5% or more of
the original Contract price, Seniors shall be liable for
the costs of the audit in addition to any other penalty to
be imposed.
Notwithstanding Truckee's right to conduct an audit,
within ninety (90) days of the expiration of this
agreement, Seniors shall submit to Truckee the results of
an audit conducted by a certified public accountant
identifying in detail the revenues and expenditures
involved in furnishing the services provided for in this
Agreement to include the minimum accounting requirements
in Exhibit "B".
Town of Truckee
Paratransit Services Agreement
Page Five (5)
7. ~liqibilitv of Patrons
Seniors personnel shall determine patron eligibility based
on the criteria set forth in Exhibit "C". Service will be
provided for 21 days after receipt of an application based
on a presumption of eligibility while program eligibility
is determined, per the procedures outlined in the
Americans with Disabilities Act, Complementary Paratransit
Eligibility Section.
8. Eliqlble Trip Purposes
Transportation shall be provided to eligible patrons for
the following purposes:
A. trips to medical appointments (except when provided by
other agencies) in or outside of Nevada County;
various transportation within the Truckee area when
the patron requires a ride, including to the nutrition
program shopping, employment, the post office, for
social programs as available, and for other
transportation services as determined by Truckee;
Cm
special charters provided the charter rate is paid by
recipient of charter service and provided that the
above services take precedence;
9. Duties of P~rties
A. Truckee shall do or be responsible for the following:
1) Disburse the Transportation Development Act Funds
in the amount set forth in this Contract necessary
to provide the subject services directly to
Seniors.
2) Provide general administration including, but not
limited to:
a. monitoring the program;
b. conducting (or cause to have conducted) audits;
c. processing reports which may be required from
time to time by local, State, or Federal
legislation;
Town of Truckee
Paratranstt Services Agreement
Page Six (5)
B. Senior shall do or be responsible for the following:
1) Determine the eligibility of patrons as set forth in
Exhibit "c";
2)
Arrange for and provide drivers to operate the
system vehicles a minimum of eight (8) hours per
day, seven (7) days per week, between the hours of
8:30 AM and 5:30 PM Monday through Sunday
3)
Provide van service upon prior special arrangement
for out of town trips and special charters as
required.
4)
Receive transportation requests seven days per week,
twenty four hours per day, via either personal or
automated means.
5)
Arrange for the sharing of ride by patrons when
feasible.
5) Maintain log sheets which shall include:
7)
a. date of ride;
b. purpose of trip;
c. place of origin and destination of each ride;
d. trip mileages and daily mileages;
e. total mileage on the vehicle odometer at the
beginning of the month and at the end of the
month;
Copies of said log sheets shall be transmitted to
Truckee no later than ten (10) working days
following the close of the preceding month. Seniors
shall retain originals of said log sheets. Upon
termination, said log sheets shall be filed with
Truckee.
Maintain by each driver a sign-up sheet which shall
include a certification by the driver that the ride
was received by the patron. Copies of said
certifications shall be retained by Seniors and be
made available to Truckee upon request. Upon
termination, certifications shall be filed with
Truckee.
Town of Truckee
Paratranslt Services Agreement
Page Seven (7)
s)
Provide that system drivers be friendly and
courteous and assist in loading and unloading of
patrons, their parcels, and their personal effects.
9)
Provide that service be rendered via a direct route
from the point of origin to the point of destination
of passengers, except that when more than one
passenger is to be transported in a single vehicle,
service shall be rendered by the most direct routing
possible, taking into consideration the various
points of origin and destination of the several
passengers.
10)
Maintain fares so as to achieve a matching recovery
level of sixteen (16%) percent of the cost of
operating and maintaining the vehicle administering
the service during the term of this Agreement.
Recognize that the obligation to carry out the terms
and conditions of this Agreement is separate,
distinct, and in addition to any obligation owed by
Seniors to the State of California Department of
Transportation pursuant to Agreements Nos. 64G546
and 64H979 and any amendments thereto.
i2)
Retain overall responsibility for establishing
policy and procedure for the implementation of the
transportation program within the parameters of this
Agreement.
13)
Account to Truckee for all expenditures, maintain
books and records as set forth in this Agreement,
and keep expenditures within all budget limits.
C. District shall do or be responsible for the following:
1) Provide an on-site District management employee to
operate the program and serve as Project Director.
2) Exercise financial and operational oversight over
the program through his on-site management employee.
11. Fares Qnd Fare Settinq Procedure
The fares which Seniors charges patrons at the time of
execution of this contract are the following:
Town of Truckee
P&ratransit Services Agreement
Page Eight (8)
Rides under five miles from Senior Center:
$1 per stop
$3 per day
$30 per month
Rides over five miles from Senior Center:
$2 per stop
$4 per day
$42.50 per month
Reno shopping trips $7 per person provided there are four
(4) or more rtders.
Individual medical-related trips $5 for each 25 miles.
Seniors agree that prior to the adoption of any increases
in its rates, it will publish notice at least one time of
a public hearing. Said publication shall be more than ten
days prior to the meeting at which a public hearing on
the rate increase shall beheld.
11. Indemnity and Insurance
District and Seniors expressly agree to defend, indemnify
and hold harmless Truckee, its officers, agents, and/or
employees from and against any and all claims, demands,
lawsuits, and/or actions of every type and description,
including but not limited to those arising from injury
to or death of any person or persons or loss of, or
damage to, property, whether real or personal, arising
out of or in any way connected with the operations or
activities of District and/or seniors, or any of their
agents or employees under the terms of this Agreement.
District and Seniors further agree to indemnify and save
and hold harmless Truckee, 1ts officers, agents, and
employees from any and all suits, actions, damages, or
claims of every type and description to which they may be
subjected by reason of or resulting from any actions,
conduct, and/or omissions, whether active or passive, on
the part of Seniors or District, their agents or
employees, Including any failure on thelr part to fulfill
the terms of this Agreement or of any laws or regulations
whether State, Federal, or local which may apply to the
service and to the operations of District or Seniors
under thts Agreement.
Town of Truckee
Paratransit Services Agreement
Page Nine (9)
To Implement the foregoing Indemnification provisions,
Senlors shall secure and shall maintain during the entire
life of this Agreement, keeping the same in full force
and effect, a comprehensive policy of general liability
insurance and a policy of vehicle Insurance with
respect to 1ts operations and contractual commitments
under this Agreement.
Such comprehensive general 1lability and vehicle
insurance shall specifically cover the premises used by
Seniors, system vehicles, employees, and any volunteers
utilized by Seniors in the execution of this Agreement,
and shall specifically cover the contractual commitments
of Seniors under this agreement including the commitment
of indemnity. The comprehensive general liability policy
shall be In the minimum amount of $1,000,000 single
11mit. The vehicle Insurance shall be in the amount of
$5,000,000 single limit.
Said policies of Insurance shall, by endorsement thereto,
coples of which shall be furnished to Truckee upon
execution of this Agreement, specifically name as
additional insured under said poltcies the following:
Truckee, its officers, agents, and employees;
District, its officers, agents, and employees;
State of California, its officers, agents, and
employees as provided in Agreements No. 64G546 and
No. 64H979 and any amendments thereto.
Said policies of insurance shall further specifically
provide on their face and by endorsement thereto that the
insurance afforded by said comprehensive liability and
vehicle policies is primary insurance, and that only at
such time as the limits of liability under said policies
of Insurance has been exhausted shall any other insurance
that District or Seniors may carry, comprehensive or
otherwise, come into play. The comprehensive policies of
insurance herein referred to shall specifically provide
that no changes to said policies or amendments thereto,
nor cancellation thereof, shall be made without the
insurance company first giving Truckee notice of such
change, amendment, or cancellations at least thirty (30)
days prior thereto.
The policies of insurance required by this Agreement
shall be in insurance companies approved by Truckee and
in a form approved by Counsel for Truckee, which shall be
submitted to Truckee, and the necessary endorsements
thereto as herein provided for filed with Truckee.
Town of Truckee
Paratransit Services Agreement
Page Ten (10)
Said policies of insurance shall be effective prior to
service being provided under this Agreement.
Seniors expressly agree that to the extent District shall
be required to defend, indemnify, and hold Truckee
harmless pursuant to the terms of this Agreement, Seniors
shall do likewise for the District, and shall reimburse
Oistrict for all costs incurred by District by virtue of
the operation of the indemnity provisions of this
Agreement, including but not limited to all attorney's
fees and costs incurred by District, and all sums paid by
District as verdicts, judgements, or in settlement of
claims made hereunder.
12. Personnel
The Project Director provided by District shall be
responsible for implementing and administering this
Agreement and all of the services to be provided under
it. The Project Director shall be responsible for and in
charge of all employees and volunteers working for
Seniors. Such responsibilities shall include employing
and terminating employees, employee discipline, and
employee compensation and payroll, inclusive of the
filing of all tax returns and reports.
The Project Director shall report to the Board of
Oirectors of Seniors, and to the District Assistant
Administrator but shall not be a voting member of the
Board of Directors of Seniors. Seniors Board and the
Oistrict Assistant Administrator shall be responsible
for the direct supervision of the Project Director and
the Project Director shall take direction as to the day-
to-day management and operations of the transit service
from the District Assistant Administrator.
The Project Director shall be evaluated by the Board of
Oirectors of Seniors at least once during the term of
this Contract. A copy of such evaluation shall be
provided by Seniors to the District's Assistant
Administrator and to Truckee. In the event that Seniors
determines that any disciplinary action may be necessary
with respect to the Project Oirector, a request shall be
made, in writing, by Seniors to District.
Town of Truckee
Paratransit Services Agreement
Page Eleven (11)
District shall consider such request for disciplinary
action and shall conduct a review and take any
necessary action in the same manner as District would
if the Project Director were providing services within
Oistrict's facility. The Project Director's employment
shall be governed solely by District's personnel
policies, regulations, and procedures.
Other than the Project Director, all employees or
volunteers providing services for seniors shall be
deemed to be the employees of Seniors only and not of
Oistrict's or Truckee's.
District shall be responsible for a11, employee benefits,
tax returns, and reports (including a11 withholding and
Social Security), and insurance for the Project Director,
including worker's compensation insurance. Seniors shall
be responsible for all employment expenses of the other
employees or volunteers working under this agreement.
13, Worker~' Compensation
Seniors and District acknowledge that they are aware of
the provisions of the Labor Code of the State of
California which requires every employer to be insured
against liability for Workers' Compensation in accordance
with the provisions of that Code and certifies that it
will comply wtth such provisions before commencing the
performance of this Contract.
Workers Compensation Insurance shall be provided by
Oistrict for the Project Director only, and by Seniors
for all employees of Seniors.
14. Nondiscriminatory Services
During the performance of this Agreement, and within the
limits set forth herein, District and Seniors agree that
the services provided shall be available to all eligible
patrons regardless of race, sex, age, religion, color,
ancestry, marital status, physical disability, national
origin, or medical condition.
Town of Truckee
Paratransit Services Agreement
Page Twelve (12)
15. Interest of Public Officials
No officer, agent, or employee of Truckee during their
tenure or for one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or in the
proceeds thereof.
16. Subcontractinn
Seniors and District agree not to subcontract any
portion of the work required by this Agreement without
prior written approval of Truckee and the State of
California Department of Transportation.
17. ~ Between the Parties
It is specifically understood and agreed that District
and Seniors are independent contractors and are not
subject to the direction and control of Truckee except
as to final result. It is further agreed that this
Agreement is not intended to create a partnership between
any of the parties to it. Seniors and District both
agree to indemnity and hold Truckee harmless from
any liability which it may incur to the Federal or
state governments as a consequence of this Agreement.
18. Amendment
This Agreement may be modified only by written agreement
of all three parties.
19. Waiver
The failure of any party to enforce a provision of this
Agreement is not a waiver of its right subsequently to
compel enforcement of that provision or of any other
provision.
20. Termination
If District or Seniors fails to provide in any manner
the services required under this Agreement or
otherwise fails to comply with the terms of this
Agreement or violates any ordinance, regulation, or
other law applicable to its performance herein,
Truckee may terminate this Agreement by giving five
(5) days written notice to each of the other two
parties to this Agreement.
Town of Truckee
Paratranslt Services Agreement
Page Thirteen (13)
District and Seniors shat1 be excused for failure to
perform services herein If such services are
prevented by acts of God, strikes, labor disputes, or
other forces over which District or Seniors has no
control.
Any party thereto may terminate this Agreement for any
reason by giving thirty (30) days written nottce to
the other parties. In said event the State of
California Department of Transportation shall be
provided with a copy of said notice.
21. Jurisdiction and Venue
This contract shall be construed in accordance with the
laws of the State of California and the parties hereto
agree that venue shall be in Nevada County, California.
22. Comoliance with AoDlicable Laws
Seniors and District shall comply with any and all
federal, state, and local laws affecting the services
covered by this Contract.
23. Political Activities
Seniors shall in no instance expend funds or use
resources derived from this Agreement on any political
activities.
24. Non-Profit Status
Seniors is registered as a non-profit corporation with
the Secretary of State;s offlce and possesses a "Letter
o~ Qood Standing" Prom ~ecretary of ~tate~s o~ice.
Seniors covenants that it will keep such status in effect
during the full term of this Agreement.
25. Successors ~d Assiqns
This Agreement shall inure to the benefit of and be
binding on the successors and assigns of the parties
hereto.
Town of Truckee
Paratransit Services Agreement
Page Fourteen (14)
26. Notice
Notice shall be served to each party at the following
addresses:
Truckee:
Town of Truckee
Attention: Bill Masonheimer,
Acting City Manager
P.O, Box 2884
Truckee, California 96160
District:
Tahoe Forest Hospital District
Attention: Jerry Harris,
Assistant Administrator
P.O. Box 759
10121 Pine Avenue
Truckee, California 96160
Seniors:
High Sierra Senior Citizens, Inc.
Attention: Project Director
P.O. Box 2774
10040 Estates Drive
Truckee, California 96160
IN WITNESS THEREOF, the parties hereunto have executed this
Agreement on the date first above written.
APPROVED AS TO FORM
Counsel,
Town of Truckee
APPROVED:
TOWN O.F- ~E ,
DISTRICT
~b_9~Forla~J~ospital
District
SENIORS
M er,
High Sierra Seniors Inc.
Month
July
August
September
October
November
December
January 1994
February
March
April
Nay
June
EXHIBIT "A"
Maximum ~Qmeensatio~
$7,021
7,021
7,021
7,021
7,021
7,021
7,021
7,021
7,021
7,021
7,021
7,027
HIGH SIERRA SENIOR CITIZENS, INC.
Transportation Program
Budget, Fiscal Year 1993/94
EXPENSES
Salaries
Taxes
Benefits
Rent
Telephone
Office Expense
Travel and Training
Advertising
Repair and Maintenance
Vehicle Operations
Memberships
Insurance
License and Tax
Accounting Fees/Equipment
Non-Expendable Equipment
Expendable Equipment
Outstde Services
Other Supplies
$68,652
6,865
7,613
4,800
700
700
1,000
35O
5,000
8,000
150
9,100
100
870
2,000
500
500
100
INCOME
TDA Grant - Town of Truckee
TDA Grant - County of Nevada
Fare Recovery - 16%
$117,000
84,258
14,022
18,720
EXHIBIT "B"
Minimum accounting requirements as prescribed by the Town of
Truckee:
1. All funds shall be deposited in a separate bank account.
2. Quarterly expenditure reports shall be submitted to
Truckee with copies to the Finance Director. Expenditures
shall be reported in such a format so as to facilitate
easy comparison with the budget, Said monthly expenditure
reports shall be submitted within fifteen (15) working
days of the end of the quarterly reporting period. If said
report is not timely filed or accurately submitted,
Truckee may withhold future payments.
3. A cash receipt journal shall be maintained by Seniors
with copies of all deposit slips.
4. A cash disbursement journal shall be maintained by Seniors
in sufficient detail to support the monthly expenditure
reports.
5. The accounting records shall be reconciled to the bank
statement each month.
6. At the end of the contract period, a certified copy of
the year-end audit shall be submitted to the Truckee
Finance Director.
EXHIBIT C
Eligibility for service criteria per The Americans
with Disabilities Act of 1990; source is ADA PARATRANSIT
HANDBOOK, U.S. Department of Transportation Federal Transit
Administration (FTA) Document FTA-MA-06-0206-91-1;
"Implementing the Complementary Paratransit Service
Requirements of The Americans with Disabilities Act of 1990"
September, 1991.
The following are verbatim excerpts from above
referenced source.
Section 2-3 "To Whom Must Complementary Paratransit Service
be Provided?"
The regulations identify three categories of
individuals who are eligible for complementary paratransit
service. These persons are considered "ADA eligible". Each
public entity providing complementary paratransit service
must establish a process for determining ADA paratransit
eligibility.
Category One:
"Any individual with a disability who is unable, as a
result of a physical or mental impairment {including a vision
impairment), and without the assistance of another individual
{except the operator of a wheelchair lift or other boarding
assistance device) to board, ride, or disembark from any
vehicle on the system which is readily accessible to and
usable by individuals with disabilities".
Category Two
"Any individual with a disability who needs the
assistance o~ a wheelchair li~t or other boarding assistance
device and is able, with such assistance, to board, ride, and
disembark from any vehicle which is readily accessible to and
usable by individuals with disabilities if the individual
wants to travel on a route of the system during the hours of
operation of the system at a time, or within a reasonable
period of such time, when such vehicle is not being used to
provide designated public transportation on the route".
Category Three
"Any individual with a disability who has a specific
impairment-related condition which prevents such individual
from traveling to a boarding location or from a disembarking
location on such system".