HomeMy WebLinkAbout0535.092• ~~ .' " , ,
Novembe~ 25, 1992
SONORABLE CITY COUN~IL
Palo Alto, california
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Agreement 'Witll Santa Clara County Transit DistriJ::t .for Supplemental
FUnding for the project Mobili..tY....-Prqg!;"arn for J..DA paratt'_ansi t
services
Members or the Council:
BEPORT IN BRIEF
This report recommends that Council approve the attached aqreem~nt
wi th the santa Clara county Transit District (District), 'Which
provides $37,150 to the city of Palo Alto to expand the number of
taxi and van trips available to paratransit riders 5erved by the
city's Project Mobility program. The funding is being provided
pu=suant to the santa Clara County Americans with Disabilities Act
{ADAJ Plan policies, which direct the District to fund existing
paratransit programs such as Project ~"fobility at a higher level, in
order to upgrade the !evQl of para transit services available to
ADA-eliqible ~ndividuals.
BACKGROUNp
In January 1992, the Santa Clara County Transit District Board of
Directors approved the ADA Para trans it Plan for Santa Clara County.
The ADA Paratransit Plan mandates that the District provide
complementary paratr;:nsit service for individuals 'With disabilities
who cannot use public tran&portdtion. The District has until 1997
to implement the service to full compliance, ~hich will result in
a countywide program with enhanced and expanded services for
riders ..
Beginning 'With FY 1992-93 ( the Transit District assumed its
leadership responsibility for paratransit services in the county by
becoming the direct claimant for all of the Transportation
Development Act funds allocated by the Metropolitan Transportation
Commission. previously I Palo Alto and five othec para transit
operators in the County clai~ed these monies directly. In June,
council approved a~ agreement with the District (CMR:312:92) that
provided for the transfer of '$159,936 from the District to Palo
Alto for Project Mobility operating expenses.
CMR:535:92
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The ADA parat.ransit Plan calls for the Transit District to
qr~dual1y commit more funding to the existing paratransit services.
This year, the Distr iet budgeted approximatelj' $500,000 for this
purpose and tor service improve~ents 'llfhich encompass the
.eli!llination of wait list!:, expar.sion of service hours and days
(where less than seven day a week service is offered), and an
increase in trip limits. The [;istrict staff has re .... ie'Wed the
sa~ice limitations cf each of the existing providers and
identified which type of service enhancements should be funded.
Since Palo Alto already offers seven day service and has no wait
list for e.nrollme.nt, the highe.st priority is to increase the number
of trips offered each mo~th to eligible riders.
contract Terms
Under the terms ot the attached agreement, the Transit District
~ill provide $37,150 to the City of Palo Alto to increase by 40
percent the number of project Mobility trips eligible riders can
take during the seven month period beginning December I, 1992 and
endinq June 30, 1993. The District funds 'Will be disbursed on a
reimburseti\ent basis, subject to invoicing and reporting by the
City. The main provisions of the contract, in terms af the City's
responsibilities, are as fallo~s:
• Palo Alto will increase the basic number of trip tic):ets.
sold to enrollees each month from 113 to 14. This .... ,jill
guarantee riders a minimum of 14 one-way trips in Palo
Alto per month.
• The additiona 1 District funding, combined .,-i th fdres paid
by the riders, will cover an additional 4,500 cne-loI'ay
trips during the remainder of the fiscal year. The total
number of trips the Project Mobility program will offer
during F'i 1992-93 will increase from 19,320 to 23,820
trips~
• To ensure that current Project Mobility ride;rs meet the
npa:ratransit eliqible" definition under the Americans 'With
Disabilities Act, Palo Alto will ask current riders to
certify that they are eligible by completing a mail-in
se.lf-certificatior. question:1aire. Staff believes all
current. Project Mobil ity l"iders have disabilities that
qualify them for ADA paratransit services.
• Palo Alto will provide quarterly reports to the District
for the supplemental funding, as ~e ~ow do for the current
grant from the District.
This agreement is scheduled to be approved ty the Transit District
Board of Super-visors on Tuesday, December 8. If app:roved, the
grant will be effective, retroactively. Dec-.:mber 1. A budget
eMF.: 535: 92 11/25/92
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amendment ordinance will be prepared for Council's approval, in
conju~ction wi~~ th~ mid-year budget report.
Environmentu Assessment
This agreement does not constitute a projec~ under the California
Environmental Quality Act.
Recommendation
staff recommends that council authorize the M~yor to execute the
attached agreement between Santa Clara County Transit District and
the City of Palo Alto, for supplemental funding of the Project
Mobility program, for ADA paratra~sit services for FY 1992-93.
Respectfully submitted,
~ '<L'I:~ ;A~~~KENS
Senior Planner, Transportation
Interim City Manager
,0flnd'/, /~~k~
KENNETH R. SCHREIBER /
Director of Planning and
Community Environment
Attachments: Aqree=ent with County Transit
cc: senior Coordinating council
~~rtin DeNero, Transportation Ag~ncy
CMR:535:92 11/25/92
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AGREEMENT BE7wEEK
~A!~TA CL1>.RA COUNTY TRANSIT DISTRICT
AND
THE CITY OF PALO ALTO
FOR PARATRANSIT SERVICES
This agreement~ entered into on the of DECEMBER 1992~
is between the SANTA CLARA COUNTY TRJI..NS IT Dr STRICT ~ (!; publ i c
entity {known h~rein as DISTRIC~) and the City of Palo Alto
(known herein as CONTRACTOR) ~ organized and exiE-ting under
the laws of the State of California. who h~reby agree t~at
the Service~ specified herein shall be performed by the
CONTRACTOR in accordance ..,i th the provisions of Ulis
Agre~.ent .
RECITALS
WHEREAS~ the DISTRICT approved the Americans with
Disabilities Act Paralransit Plan as submitted to the u.s.
Department of Transportation in January 1992; and
h~ER&AS, the approved DISTRICT budget includes funding to
implem~nt its Americans .ith Disabilities Act Paratransit
Plan; and
WHEREAS, the DISTR1CT now desires for the COi'.JTRACTOr. to
assist the DISTRICT in performing certain services included
in the ADA Paratransit Plan; and
WHEREAS, the CONTRACTOF is a ~ublic entity; and
WHEREAS, the CONTRACTOR participates in the Santa Clara
County Paratransit Coordinating Council (Pce); and
Whereas, the CONTRACTOP. provides paratransit se::vices funderj
through the Transpoctation Development Act and State Transit
Assistance;
NOV.' THEF;EFORE; the D1 STPICT A;m CONTP..ACTOR .1l,GF.EE AS fO~,LOWS:
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ARTICLE 1-SERViCES TO BE PE"RFORl'{ED
1.1 THE SERVICES contemplated by thil;: J>.greement consist of
paratransit ~~rvice£ for the DISTRICT's Americans ~ith
Disabilities Act Paratransit Plan~
1.2 Except as specified elsew~ere in this A9reement,
CONTRACTOR shall furnish all professional services including
all materialo. t~ols, supplies~ equipment, transportation,
management and supervision, and l~bor~ and shall perform all
operations necessary and required to satisfactorily perf0rm
the services set forth in Exhibit A, SCOPE OF SERVICES, which
Exhibit is incorporated herein by this reference and .ade a
part hereof.
1.3 The schedule for performance of the services is set
forth in Exhibit A, incorporated herein and by this
referenr.e made a part hereof. The schedule may be modified
if mutually aqt'eed to in we i ting by both the ~HS1'RICT and
CONTRACTOR. provided the term of the Agreement is not
exceeded.
1.4 The CONTRACTOR shall provide Services within the city of
Palo Alto and the Stanford University campus.
1.S CONTRACTOR agrees to perform Servic~s set forth in
Exhibit A. SCOPE OF SERVICES~ only for persons certified as
eligihle for ADA paratransit s~rvices~ pursuant to the
interim self-certification honor-card eligibility process.
ARTICLE 2-TERM OF THE AGREEMENT
2.1 The term of the agreement shall beoin Decembpr 1, 1992
and shall expire no later than June 30, -1993.
ARTICLE 3-COKPENSATION
3.1 AS full conSideration for the ~atisf~ctory performance
and completion by CONTRACTOR of the services set forth in
this Ag[eement~ CONTRACTOR shall be compensated and
reimbursed by DISTRICT on the basis of invoices and
submittals in accordance with Exhibit S, COMPENSATION
IN"\I~OICING AND PAYMENT, whi(;h Exhibit is incorporated herein
by this reference and made a part hereof. Total compensation
for the Agreement shall not exceed $37,150.
NO additional compens3tion will be paid without a written
amendment to this Agreeoent.
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AR'l'ICLE 4-ENTIRE AGREEP';ENT
4.1 This agreement con&titutes the entire Agreement bet~een
DISTRICT end CONTRACTOR r~tating to the subject matter hereof
and supersedes any previous agreements or understandings,
oral or written. This Agreement shall be amended only by
writt~n instrument si9ned by both the DISTRICT and the
CONTRJo.Cl'OR.
ARTICLE 5-DEF1N!"rONS
5.1 DISTRICT means Santa Clara County Transit District an1
all of its auth~ri~ed representatives.
S.2 CONTRACTOR means the City of Palo Alto, its employees~
authorized representatlve5, authorized subcontractors,
successors, and permitted aSSigns.
5.3 Services means the professional, technical, and
administrative services and responsibilities to be performed
by CONTRACTOR as provid~d in this Ag!eement.
ARTICLE 6-INDEPENDENT CONTRACTOR
6.1 CONTRACTOR shall act as an independent contracto~ and
not as th~ agent of DISTRICT in performing its Service~ unde~
this A9reement~
6.2 CONTRACTOR shall p~y all sQlaries, wages, benefits,
premiums, payroll and other taxes to or on account of
CONTRACTOR's ~mployees which arise out of or result from
Services performed pursuant to this agreement. DISTRICT
shall not be liable for the payment of such salarie~~ vages.
benefits, payroll or other taxes to or C~ account of any such
employee.
ARTICLE: 7-f..AWS AN!) REGULATIONS
7.1 CONTRACTOR, itj!: employees and 5ubCr')n.tractors performing
the services hereunder sh~ll ccmply with laws, ordinances,
statutes and regulations applicable to performance of the
services which are in effect at the time services under this
Agreement are performed.
7.2 CONTRACTOR agrees to participate-in the implem!?ntation
of th~ OTSTRICT's ADA Paratransit Plan, and ebije by the
provisions the~eof, including, but not limil~d to,
implementation of interim self-certificati0n and regiDnal
eligibility c~iteria and processes.
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ARTICLE 8-~~INTENANCE. INSPECTION AND AUDIT OF RECORDS
S.l CO~TRACTOR shall obtain a certified fiscal audit.
co~ducted by an entity othe~ than the CONTRACTOR. of books,
ac~o~nts. recor~s, data, and other relev~nt information to
verify the costs incurred hereunder fc~ billings ~nder this
Agree:nent.
8.2 CONTRACTOR shall submit this certified audit to the
DISTRIC~ within 180 days from the expiration or termination
of this Agreement.
8~3 CONTRACTOR shall submit the audit accompanied by a
report including a certification that the payments made to
the CONTRACTOR by the DIST~lCT pursuant to this Agreement
we~e expended in conformance with applicable 13ws and rules
and [egulations~
8.4 CONTRACTOR shall maintain, in accordance with generally
accepted accounting principles and practices, complete books,
~c~ounts. records and data vith respect to actual time
devoted and costs incurr~d for S~rvices under this ~greement~
Such records shall be supported by properly executed
payrolls, invoices, contracts or vouchers ~videncing the
nature and propriety of any charges in sufficient detail to
allow prope~ audit of the transaction. All checks, payrolls.
invoice contracts or other accounting documents pertaining in
whole or in part to the Services shall be clearly identified
and readily available.
5.5 For the duration of the agreement~ and for a period ~f
t~lree years thereafter, DISTRICT and its representativss
shall have the right to examine and audit d'..lr:ing CONTRACTORS
normal business hours these books. accounts, records, data
and other relevant information to the extent required to
verify the costs i~curIed h~reunder for billings under this
A.greement. The CONTRACTOR shall .make all such I!laterials
available at a location situated inside the County of santa
Clara or at another location mutuall? agreed to in _riting by
both parties.
8.6 Thjs agreement is further subj~ct to the examinatioD an1
audit of the Auditor G~neral of the State of California for 5
period of three years after the final payment hereunder,
pursuant to Government Code Section 10532.
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5.7 If this agreement is funded in whole or in part by a
Fec~ral grant, the Comptroller Gene~~l of the United States
anc authotized representatives of th~ agency furnishing the
gH:lt shall have the right to eX<'!l:l.ine and aut'Ht ,:ON'I'RACTOR's
boc~s. accounts, records~ work products and other information
rel~vant to this agreement in accordance ~:th applicable
FeG~ral regulations.
AR!ICLE 9-ASSIGNABILITY AND SUBCONTRACTING
9.1 CONTRACTOR~s subcontractor providers of services as of
the date of execution of this Agre.~ent are identified in
Exhibit C. KEY PERSONNEL. CONTRACTOR agree:o: that if it mak.es
an} changes with respect to any providers of services
ide,ltified in Exhibit C~ KEY FERSOf>lNEL. CONTRACTOR shall
notify DISTRICT in writing of such changE within 30 days
aft!I" making 5uch ch~nge. Other than cont~acting with
ptcV'iders of services pursuant to this Agreement~ CONTRACTOP:
sh2l1 not assign or transfer this Agree~ent or any portion
thereof without prior written consent of DISTRICT.
AR1ICLE 10-REQUIRED REPORTS
10.1 CONTRACTOR shall provide quarterly reports to thp
DI~rRICT on the services funded by this agreement. These
[er~rts shall be in the format of the MetropGlitan
Tre~sportation Commi6sion~s Report on Operating Fin~nces and
SlGti6tics~ with a separate report provided for each m~de of
service provided, including a summary report. CONTRACTOR
shall also provide a narrative report describi~~ the general
prc~ress of the Services, at least quarterly.
10.2 CONTRACTOR agrees to provide to the DISTRICT all
infjrmation necessary to complete the annual Section 15
R~r~rts requited by the Fedetal Trans~t Administration.
AR7ICLE 11-AUTHORIZED REPRESENTATIVES k~D NCTICES
11.1 DISTRICT and CONTRACTOR each he~eby d~signate an
Autiocized Represent?tive ~ho has authority to act on its
b~t~lf for this agreement, as follows:
a) DISTRICT: Martin DeNero
Accessible Services Manager
Santa Clara Cau~ty rransportation Agency
3331 North First St.
San Jose, Ca. 95134-1906
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b} CONTR.A.CTOF.: Gail Likens
Senior Planner
City of Palo Alto
25C Hamilton Ave.
Palo Alto, Ca. 943a3
11.2 Writt~n notification to the other party shall be
provided~ in advance, cf changes in name or address of such
Authorited Representative.
11.3 Notices provided for u~der this Agr~em~nt shall be in
writinq~ and shall be served on the Authorized Rppresentative
of the receiving party, either personally at the party's
offices~ or by registered mail to its office address.
ARTICLE 12-INDEKNIFlCATION AND INSURANCE
12.1 CONTRACTOR shall provide indemnification and insurance
~6 set forth in Exhibit D. !NDEMNIFICATION AND INSURANCE,
which exhibit is incorporated herein and by this reference
made a part hereof. coverage under the indemnification and
insurance provisions shall apply both to DISTRICT and the
County of Santa Clara (·County·}~
ARTICLE 13-NONDISCRIMINATION AND AFFIRMATIVE ACTION
13.1 Durin~ ~erfo~mance ~f this ~9reement. CONTRACTOR, its
eaployees and subcontractors shall not unlawfully
discriminate a9ainst any employee or applicant for employm~nt
because ~f race, religion, color, national origin, ancestry,
p~ysical handicap, m~dical condition, ma~ital status, ag~ or
sex, and shall take affirmative action to assure that
applicants a~e ereployed, and that employees are lawfully
tre~teo during their employment. without regard to their
race, religion, color, national origi~. ancestry~ physical
handicap, medical cGodftiDn; marital status, age or seA.
ARTICLE 14-NON-WAIVER
14.1 Failure of DISTRICT to insist upon strict perfcrmance
of any terms or conditions of this Agreement. or failure or
delay in exercisi~g any rights or remedies providEd herein or
by lao...." or its failure to pr:operly notif'!' CO!'.TRACTOR in the
event of breach, or its acceptancp of or payment fac ~ny
Services hereunder. shall nat release CO!~TRACTOR fro~ the
representations O[ obligations of this Agreem~nt, and shall
not be deemed a waiver Df 3ny right of DISTRICT to insist
upon strict performan~e hereof or upon any of its rights or
remedies hereunder.
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ARTICLE 15-TERMINAT!ON &~ SUSPENSION
15.1 This Agreemp.nt may be terminated only by mutual consent
of the parties in writing. CONTRACToa shall be compen~ated
in accordance vith th~ terms of the Agreement for Services
satisfactorily performed prior to the effective date and time
of termination or suspension including termination expens~s
reasonahly incurred.
15.2 t'ISTRICT, by written notice gi .... en to CONTRACTOR, Ilia}'
decla~e a default in CONTRACTOR~S performance of any material
te~m of this A9reement~ specifying with particularity the
basis for such def~ult. CONTRACTOR shall deliver a response
thereto in writing to DISTRICT within forty-eight {48; hours
of receipt of the notice, excludin~ weekends and holidays,
setting forth a reasonable proposal to cure the default. In
the event CONTRACTOR fails to deliver the foregoing respanse
on time or fails to cure the default within fifteen (15)
calendar days after receipt of the notice (or within such
additional time the parties may agree upon in writing},
DISTRICT may elect to termin~te this Agreement for cause by
ser .... ing written notice the~eof to CONTRACTQR. In such an
instance~ CONTRACTOR shall be compensated as provided in
paragraph 15.1 above. offset by any additional costs to
DISTRICT of completing the services to be performed
herEunder.
15.3 In the e .... ent of termination or suspension, all data~
plans, specifications, reports, estimates~ summ~ries, and
such other information and ~aterials as may have been
generated or accumulated by CONTRACTOR and its assigned
employees or ~ubcontractors in perfo:ming and pEttaining to
this ~greement shall, in the manner and tc th~ extent
determined by DISTRICT, become the property of and shall be
delivered to D!STRICT.
ARTICLE 16-STANDARD OF SERVICES
16.1 CONTRACTOR represents that it is suffir:ientlv
experienced, properly qualified, licensed, equipped,
organized and financed to perform its Servlc2s under this
Agreement.
16.2 CONTRACTOR shall perform its Services under this
Agreement ~ith that degree of skill and judgment normally
exercised by firms performing services of a similar nature in
Santa CI~~a county.
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16.3 Contractor shall furr-ish qualified personnel to fill
positions ~nd perform servic~s specified in Exhibit A, SCOPE
OF SERVICES, vith the degree of skill and d~lige~ce normally
provided by personnel in th~ industry for similar positions
and services.
ARTICLE 17-~EVERABILITY
17.1 In the event that any of the provisions or portions or
applicatioo6 thereof of this Agreement are held to be
unenforceabl~ or invalid by any court of co~pet~nt
jurisdiction~ DISTF.ICT and CONTR1>~CTOR shall negotiate an
equitable adjustment in the proviSions of t.he Agreement .... ith
a view toward effecting the purpose of this A9r~ement~ and
the validity and enforceability of the remaining provisions
or portions or applications the~eof. shall not be affected
thereby.
ARTICLE 18-CHANGES
18.1 If durin:;. performanc.e vi this Agreement CON':&-'RACTCR
determines that changes in the services have becoJile
necel>sary, CONTRACTOR sh.a.ll so notify the J.uthorized
Representative within ten (10) working days of such
deteraination. For the purposes of this Agreement, ~Change6·
ar~ defined as services which (1) are necessary to accomplish
the purposes of the agreement, (2) are not set forth in
Exhibit A, SCOPE or SERVICES, (3) were not reasonably
contemplated by the parties to be performed by CONTRACTOR
under the SCOPE Of SERVICES, and (4) are not due to
CO~TRACTOR'S errors or O~i66ions in the performance of this
Agreement. CONTRACTOR AND DISTRICT shall mutually agree in
writing to any £uch Changes, ~hich Changes will ~ot increase
the tetal Agreement value (for which inc~ease a written
amendment to this agr~ement is r~quired under ARTICLE 3
above). unless otherwise ag~e~d to in writing. all
provisiorls to this agreement shall apply to all Changes in
Services.
1842 rf dueing the performance Gf this A'3reemer,t CON'rp..ACTOR
deter~in~s that the agreed Changes set forth above will
affect the schedule, CONTRACTOR sball .sa notify the DISTF.ICT
Authorized Representative within ten (10) working days. The
CONTRACTOR AND DISTRICT shall mutually deterrninoe what actions
Lo take to mitigate the negative impacts of such effects on
the schedule. and if necessary to modify the schedule.
provided the term of the Agreement is not ~xceeded.
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l.JtTICLE 19--PROHIBITED INTERESTS
l:Ll CONTRACTOR warrants that it has not o:omplo}:'ed or
retained any company or person, other than a bona fide
employee ,",orking solely for CONTRJ..CTOR. to solicit 0:'-secure
this Aqrgement and that it has not paid or agreed to pay any
co~pany or person, other than a bona fide employee working
sojely for CONTRACTOR, ~ny fee, co.:nre.i$sion~ percentage,
brokerage fee~ sift or any other consideration, contingent
upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, DISTRICT shall have
the right to rescind this Agreement without liability.
19.2 No member. officer or employee of the DISTRICT or Santa
Clara County Tran6portation Agency during tenure or for one
year thereafter shall have any inte~est, direct cr indirect,
in this Agreement or the proceeds thereof.
19.3 The CONTRACTOR covenants tr.at s/he has no interest and
shall not acquire any interest, direct or indirect, which
would conflict in any manoer or degree ~ith the performance
of Services required to b~ perfaroed under this Agreement.
The CONTRACTOR further covenants th~t in the performance of
this ~greement no p~rson having any such incerest shall
knowingly be employed.
ARTICLE 20-APPLICABLE LAW
20.1 This Agreement shall be governed and construed under
the laws of the state of Califcrnia.
ARTICLE 21-SURVIVA~
21.1 The rights and Dbligations of the parties which by
their nature survive termination, suspension or cornpleticn of
the services covered by this Agreem~nt, including but not
limited to those set forth in Article 8, Article 12, and
Article 15, shall remain in full force and effect after
termination, suspension or completion of service.
ARTICLE 22-EXBIBITS
22.1 Whenever an:}' ARTICLE of or EXHIBIT t'J this agreement
refers to a~y of the following EXHIBITS such EXHIBITS shall
be incotpo[ated therein and made a ~a:t thereof by such
referenc€.
EXHIBIT A -SCOPE or 5EFVICES
EXHIBIT B -COMP::::N5ATICN
EXHIBIT C -KEY PERSONNEL
EXHI8IT D INDEM:,HI'rr':ATIC; ;..:m 1~';S:JF.ANCE
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ARTICLE 23-~ENDKENT
26.1 Exc~pt as expressly provided herein, the pravi~ions of
this Agreement shall not be altered~ modified or am~nded
except through the execution of a vritten amendment executed
by DISTRICT and CONTRACTOR.
IN WITNESS HEREOF, DISTRICT and CONTRACTOR have entered into
this agreement as of; ______ _
AT'I'EST
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5A...~TA CLARA COUNTY TRANSIT _DISTRI.£L
By
"C"'h"a"i"r"p""e::-::r";:s"o"nC-, -or ran sit 0 fS:-fr i c t
Baerd of Supervisors
CONTRACTOR
By
rC~i·t7y~o~f"P~a~lrO=-A"1·t-;:o----------
Clerk of the Board of Supervisors
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LPlJRPOSE
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EXHIBIT A
crn O~' PAW ALTO
SUPPLEME1'iTAL AD,\ P"RATRA-'iSIT SlRVICES
SCOPE OF WORK
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The City of Palo Altc will use funds provided by Santa Clara County Transit District to
supplement existing paratransit services offered by the City through the Pwject Mobility
program, to assist the District in implementing the provisions of the ADA Paratrdflsit Plan for
Santa Clara County.
n, SERYlCF.s TO BE PROVIPED
The funding provided by the District will allow th.-e Project Mobility prvgrilm to increase the
number of trips offered to ADA eligible program participants by 40 % during the last seven
months of fiscal year 1992-93, beginning December 1, 1992 and ending June 31J, 1993, The
number of additional trips that will be provided is estimated to be 4,500 trips. The total cost
of the additional se,,;ice, at the current budgete<l trip cost of $10, 161trip, is $45,700. The
amount of funding required from Lle Distrlct is $ 37, 150.
'The basic changes from the budget for L'1.e Project Mobility program are highlighted as follows:
FY 1992-93 Annual Budget ADA FUDding for 7 mooths
Cor.tnIct fupenses
Taxi Service S132,746 $29,4'00
Vim Service 35.000 8.500
Noa-CMt:ract EJ;;pense 20,190 6,000
Ie-Kind 7,500 1,800
TOT A:.. EXPENSE $]%,136 $45,rOO
Revenue
Psssenger fares 28,900 6,750
In-Kind 7,500 1,800
'CCTD 159,SJ6 37.1 SO
TOTAL REVENUE $]%,836 $45,100
PASSE"'JGER TRIPS
Tw 17.720 4,150
Van 1600 350
19,320 4,500
COST PER TRIP $10.16 SJD.16 -_.-
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EXID1!lTA
SCOPE OF WORK
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The basic trip limit for all ADA-eligible program participar.t'l: w!l.1 in\.":re.ase fr'Jm the current in
trips to 14 trips per month. The currem basic trip limit is subject to perindic reeva.luation and
adjustment. ifactua.l expenditures are over or under budgeted l;! .... el~. Therfore, t. ... e City wishes
to reserve the right to fur.her adjust the 14-trip limit, if the level ofpanicip2I..lOn in the program
changes or contract costs vary from projected levels and suiTIcient fur,ds are a .... ailable!o further
increase the number of trips provided.
For the purpose of quarterly reporting and invoicing, Palo Aho will charge atl appropriate
montt..ly costs for Project Mobility services ag4inst the program's adopted budget for ]992-93,
and the origtnal grant of $159,836 from the District. Beginning De<:emh<r I, a monthly budget
will be developed based on the unexpended remaining halance of t.lJe annual budget, and the
estimated number of monthly taxi and van trips will be calculated. Monthly ccsts for the
suppiementaJ ADA services in excess of the adopted base budget "",ill be charged against the
grant from the District for ADA implementation. Fluctuation!: in the monthly costs charged for
ADA services are anticipated.
IY..... ADA ELIGIBILITY SCREENlNG
The proposed budget covers anticipa~td routine costs asSCICiated with th.e implementation of the
interim eligibility screening of all current Project Mobility enroHees. using an honor system of
self-<ertification via a mail-in post card. ]t is understood that the Clty lA.ill not be required to
implement more extensive eligm;lity screening during the term of this agreement.
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Cl&lm.ant~ CITY OF PALO ALto
MODE: T~tal of All ~cdes
'I'DA J'.RO'I'SLE 4. S. A..'Ji'fl)AL RE?ORT
OPERATING FINANCES ~D STATISTICS
n 1992-93 DATE PREPARED: 10/2.0/9.2
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jOPEPAtING EXPKNSES
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CON'I'AAC'I'EO SERVICES
1. Administration
2. Operation6
3. KaintenanC"e
4. StrB'I'OTAL CONTR1t.C"! EXPENSES
NON-CO~CT EXPENSES
5 ~ Administ rat ion
E~ Maintenance
7. Fuel' Lubricants
e. other Operating EJ(pens~1I
9. Contributed ~ervi~e8
10. ~UBTOTAL Non-Contract Expen~~~
11~ TOTAL OPERATING EXPENSES
12. Memc Item: Insuran~e
OPBRATING REV!NUES
13. Paasanger Fares
14. Special Transit Fareb
15~ contributed Services
15~ Local Match other (SCCTD}
17. SUBTOTAl. Loca.l Katcb
18. TD~/STA grants
19. Interest on TOA Allocatio~s
:20. other: ___ _
21 ~ 'l'O"I'AL OPERATI KG REVENUES
22. NET BALANCE
OPERATING DA'l'P
23. Tot-al ?&aaenger Tripe
24. Sh4red trips
25. Lift Assisted Trips
26. Total Vehicle Trips
21. Revenue VehiC"le Miles
28. Reven~e Vehicle Hours
25. Active Participants
30. Av. Number Vehicles in Service
31. Number Qf D8nials
OPERATING STATISTICS
32. , Local match
33~ , Shared trips
34. Cost/passenger Trip
35. cost/Rev~nue Vehicle Hour
36. Cost/aevenue Vehicle Mile
31. Averag~ Pare Per Passenger Trip
38. Fassenger ~iles
.,. aJ;
Budgeted'
FY 92-Sf)
5167,946
$20,790
28,900
7,SOD
35,400
159 .. 836
$196,236
so
19,320
3,934
1,500
11,353
73,490
1,000
18.5\
20.4\
$10.16
$2.67
$1. 50
81, 684
J Pro,p<:l!ied
A.!lA Services
37,900
$6,000
1 1 800
7,800
:==:==~====~ ~=~--=:;~~
545,700 I
~.750
l,BOQ
B .. 550
J 1, 1S0
545,700
so
4, SOD
1,00C
J50
4,000
17,100
1,000
18.1\
22 • .211
$10.16
$2.67
51. 50
19,138
,
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EXHIBi'1' B
COMPENSATION T.:NVOICING AND FAYMEN'r
I. Budget
A. The DISTR!CT and CONTMCTOR agree that t!"::e total
co~pen~ation for the Agreement shall not exceed $37.150.00,
as full consideration for the satisfactory performance by the
CONTRACTOR of the services set forth in the Agreement.
If Services onder this Agreement car. be completed for less
than this amount, CONTRACTOR sball be paid such le6se~
amount.
II. Schedule of Required Reports
A. CONTRACTOR shall 5ub~it reports as scheduled below
and as specified in Article 10 of this Agreement according to
the following schedule:
January 30, 1993
April 30, 1993
July 31, 1993
I I 1. Payment
Report on December 1 through
through December 31, 1992
Report on January 1993 through
M~rch 1993 Services
Report on April 1993 thr~ugh
Ju~e 1993 Services
A. The total compensation viII be evenly divided
into s~ven sepa~ate paym~nts of $5,307.14. The first payment
will be made in advance on or about the twenty-fifth day of
the month of originaticn of S~~vices set forth in the
Agreement. The r~maining six payments will be made in
advance on or about the tenth day of each month that Services
are performed as ~et fcrth in this Agreem~r.t.
B. payments scheduled for February 1993, May 1993 and
each succeeding payment are contingent upon the DISTRICT
receiving reports from the CONTRACTOR as specified in Article
10 of this Agreement and as scheduled above in Exhibit B.
Section I. Schedule of R~quired Fepcrts.
IV. Reconciliation
A. upon receipt of the certified audit as specified in
Article 8, DISTRICT will ~ak~ a fin?l adjustment of payments
made by DISTRICT to CONr~AcrCRr based on determination of
expenditur~5 in the audit, for Services p~rfo[med for this
Agreement.
EXHIBIT B -fcont~)
8. Pursuant to provisions of this Agreement, total
compensation for the Ag~eement shall not exceed $37,150.00
~nd if the audit determines thet Services ur.der thi~
A,9reelllent were -completed by C:ONTRACTOP. for a lesser i'lmount
than DISTRICT p~id to CONTRACTOR: CONTRACTOR shall reimbu~se
the DISTRICT the full amount o! the excess payments ~ade to
CONTRACTOR.
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4.
s.
N/>J!£ OF Far.
Subcont.ractor
Elt.l SIT C
U'l I't~.S()NNEI.
Eii. r-~ C;; I H Eo" ~_~'.;;t H<';' ,-
TYPE or BUSINESS
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INDEMNITY
EXHIBIT n
INDEMNIFICATION AND INSURANCE
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The CONTRACTOR shall indemnify, defend, and hold ha~mless th~
County of Santa clara (hereinafter COUNTY) and DISTRICT,
their officers, agents and €mployees from ~ny loss,
liability, claim, injury or damage arising out of. or in
connection with performance of this "gresill.ent by CONTRACTO?
and/or its agents. employees or sub-contractors, excepting
only loss, injury or damage caused sclely by the acts or
omissions of personnel employed by the COUNTY and/or
DISTRICT. It is the intent of the partiES to this ~greement
to provide the broadest possible coverage for the COUNTY and
DISTRICT. The CONT~~CTOR shall reimburse the COUNTY and
DISTarCT for all costs, attorneys' fees, expenses and
liabilities incurred with resp~ct to any litigation in which
the CONTRACTOR is obligQte~ to indemnify, defend and hold
harmless the COUNTY ~nd DISTRICT under this Agreement.
INSURANCE
Without limiting the CONTRACTOR'S indemnification of the
COUN'l'Y and DISTRICT; the CONTRACTOR .shall provide and
aaintain at its own expense. during the term of this
Agreement, or as may be further required herein. the
following insura~ce coverages and ptovisions:
Pri~r to commencement of this Agreement; the Contractor
shall provide on the DISTRICTS awn form or a form approved by
the COUf'lTY'S Insurance Manager an original plus one copy of a
Certificate of Insut'ance certifying that coverage as required
herein has been obtained and [emains in forc~ fer the period
required by the Agreement. The DISTRICT'S Special
Endorsement fOlm shall a.ccompany tOe certificate. Individua.l
endorsements executed ~y the insurance carrier may be
substituted for the DISTRICTS Special Endorsement form if
they provide the coverage as required. In addition. a
certified copy of the policy or policies shall be provid~d by
the CONTRACTOR upon request.
This verification of coverage shall be sent to the
address as shown on the DISTRICT'S Certificate of Insurance
form. The CONTR~CrOR shall net receive a Notice to Proceed
with the ~ork under the Agreament until it has obtained all
insurance required ane such insurance has been approved by
the COUNTY and DISTRICT. This approval of insu~ance shall
neither relieve nor decrease the liability of the CONTBACTOR.
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EXHIBIT D. (cont.)
e. ~g_!._!CE OF CANCELLATION OR REvUCTION C',F COVEP.AG~
All policies shall contain a sp€cial provisicn for
thirty (30) days prior written noti~e of any cancellation or
redu~tion in coverage to be sent to the address shown on the
Certificate of Insurance.
c. Qualifying In~u[e[s
'.
All policies shall be issued by companies which hold a
current policy holder's a!ph3betic and financial size
category rating of not iess that A X, according to the Best's
~ey Rating Guide, unless otherwise approved by the COUNTY'S
InsuranCe Manager.
D. Ins~rance Required
1. Compcehensiy_~ ___ Gener<:ll~_~Liability IDsuIa~ -for bodily
inju~y (includi~g de~th) and property damage which provides
limits of not less than one million dollars ($1,000,000)
~ombin~d single limit (CSL) per occurrenc@.
OR
2. Commercial General Liability Insurance -for bodily
injury(IncludIngdeath} and propet'ty damac;e which prO'.rides
limits as follows:
a~ General limit per occurrence -$1,000,000
b. General limit aggregate
c. Person~l Injury limit
-$2,000,000
$1,000,000
If coverage is provided unde" a Commercial General
Liability Insurance form, the carrier shall provide the
COUNTY Insurance Manager with a quarterly report of the
amount of aggregate limits expended to that date. If ~v€r
50% of the aggre9ate limits have been paid or [eserved~ the
DISTRICT may require additional coverage to be purchased by
the CONTRACTOR to restorE the required limits.
3. For either type in~urance. coverage shall include:
a. Premises and Operations
EXHIBIT D (cont.)
b. COlltractual Liability expressly including liability
assumed under this Ag4eement.
c. Personal Injury Li~bility with deletion of
exclusio!"l5 for !
1) liability assumed under contract, ar.d
2) suits brou9ht by employee~.
d. Independent Contractcr~5 liability
e. Severability of Interest clause providing that the
coverage applies separately to each Insured except with
respect to the limits of liability.
4. For either typ~ insurance, coverage shall include the
following endorsement~. copies af which shall be provided to
the PISTRICT~
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall
also apply to the COUNTY and DISTRICT, ~nd members of the
Board of Supervisors of the County of Santa Clara, and the
Board of Directors of the DISTRICT, and the officers, agents.
and employees of the COUNTY and DISTRICT, individually and
collectively, as additional insureds.
h. Primary Insurance Endocsement:
Such ~ndo[sement as is afforded by the additional
insured e~dorsement shall apply as ~rimary insurance, and
other insurance maintained by th~ COUNTY and/or DISTRICT, its
officers, agents, and employees shall be excess only and not
contributing with in5u~ance provide~ under this policy.
c. Notice of Cancellation or Change of Coverage
Endo[ sement:
This policy may not be canceled nor the coverage
reduced hy the Comp~ny without 30 ~ays' pricr written notice
of such cancellation or reduction In c0ve!a9~ to the COUNT~
and DISTRICT at the address shown on the Cettificate of
Insurance.
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EXHIBIT C -(cent.J
d. Contc~ctual Li~bility Endor5emen!:
This policy shall apply to liabili~y assumed by the
insured under written contract with the DISTRICT.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal
Injury coverage; including deletion ~f the standard
exclusio~6 for liability assumed under contract and suits
brought by e~pl¢yees.
f. Severability of Interest Endorsement:
The insurance afforded by this peliey shall apply
separately to each insured ~ho is seeking coverage or against
who~ a claim is mad~ or a suit is brought. except with
respect to the Companyrs limit of liability.
5. Claims Made Coverage -If coverage is wcitten on a
claims made basis. the Certificate of Insur~nce shall clearly
stat~ 60 and evidenc~ of coverage extending from the date of
execution of tllis Agreement~ or f[o~ the date of the first
performance of Services, whichever date is earlier, until
three (3) years from the date the work or services are
accepted as completed shall be included. The follOwing
additional information shall be provided~
a. Defense coverage included in the limit {yes or nol
b. Aggregate limitation
-general aggregate
c. Retroactive date, which shall be no later than the
date of execution of the Agreement or the date of first
performance of Services, whichever date is earlier
d. Length of time for ext~nded reporting period
e. Limitations on in';oking r(~orting period [if other
than non-payment}
f. Is ~Notice of Circumstances" allowed 'yes Dr nol
6. Com.? r eh ens i_ v e .~.\} tome b i 1 'E' / Ai r era f t;WCl.!.~n!:C r aft _nL i~ b il.!!'y.
Ins\.lr~ fo[" bodily irljury Un..:ludir.g death; and property
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EXHIBIT D -{cont.)
damage which provides total limits of not l~ss than one
million dollars ($l~OOO.OOO) co~bined single lim1t per
occurrence applica~le to all owned, non-owned and hired
vehicles/aircraft/watercraft. This coverage may be waived in
writing by DISTRICT if it determines that there is no
significant exposure to these risks.
7. Workers' t:'ompensati_on and Emt?loyer's Liabili!..L
Insurance for: ------------
a. Statutory California Workers' Compensation coverage
includinq a broad form all-states endorsement.
b. Employers Liability coverage for not less than one
million dollars ($1.000;000) per occurrence for all employees
en~aqed in Services of operations under this Agreement.
c. Inclusion of the COUNTY and DISTRICT and their
governing boards. officers, representatives, agents, and
employees as additional insureds~ or ~ waiver of subrcgation.
8. Special Provisions
The fcllowing provisions shall apply to this Agreement:
a. The foregoing requirements as to the types and
lim.its of in5ur-ance coverage to be rcaintain.:!d by the
CONTRACTOR and any approval of said insurance by the COUNTY,
DISTRICT or its insurance consultants are not intended to and
shall not in any manner limit or qualify the liabilities and
obligations ot!'1er .... ise assumed by the CONTRACTOR pursuant to
this Agreement~ including but not limited to the p.covisions
conce~nin9 indemnification.
b. The DISTRICT acknowledges that some insurance
requirements contained in this Agreement may be fulfillpd by
self-insurance on the part of the CONTRACTOR. However. this
shall not in any way limit liabilities assum~d by the
CONTRACTOR undet this Agreement. Any self-insurance shall be
approved in w~iting by the DISTRICT.
c. The DISTRICT reserves thE right to withhold payments
to t.he CONTRA.CTOR in the event of material noncompliance ,..-ith
the insurance requirements outlined ~bove.
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