HomeMy WebLinkAbout0346.093-
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June 17, ,j,993
HONORABLE CITY COUNCIL
Palo Alto, California
14 15 16
Rene .... al of _pxoiec:!: MQbj lity Service c;,QD_tra_C::.t_s and Execution of an
~~_ment with Santa Clara Coun1:,y Transit District Transf_~_:rri,J'._g:
Funds for Par21transit s~Ly.ices.
Members of the Council:
REPORT IN BR1EF
In 1991, the. City ent.ere.d into agreements IJith Merit Taxi and
[.imol.ls:L!'!e and Medicar Ambulance Co., Inc. (or Froject Mobility
taxicab ~nd wheelchair van service for 1991-92, ~ith the option to
reneV{ for two additional one.-year terms. This report recommends
that Ccun~il approve. the attached amendments tc agreements .... ith
Merit Taxi and Medicar Ambulance Co., Inc. that (1) e;,ctend the term
of each agreement through June 3D, 1994 and (2) allo~ adjustment of
price proposals according to the terms of the original contracts.
In Januarl~ 1992, the santa Clara County rransit District (District)
approved the &'1'Iericans -;rith Disabilities .Act (AD},") Fdra.transit Plan
for Santa Clara county, which req-u.ires the District to provide
comple::nentary paratransit servicE's to pe-rscns ",'ith disabiliti"'!:s ",'ho
cannot use conv.;ntianal public transit. Beginning in 1992-93, tf1.e
District started to provide direct funding to Palo lUto for the
continuation of the FrQject Mobility program, as a provider of ADA
pard;transit services. 1'hjs report recommends that council approve
the attac~ed agreement ... ·ith t~e Santa Clara County Transit
District, 'Which provides funding of up to $200,3D2 to the Cit.y, for
Project Mobility services in 1993-94.
BACltGROmro
The Project Mobility program offers door-to-door taxicab 2nd
'Wheelchair accessible van service to eligible disabled individuals.
currently, there are approxir.lately 1,OBO individuals enrolJed in
tht:. program. Trips ar-e provided within the local Palo
Alto/Stanford area, t.o the immediately adjacent communities of Los
Altos, Mountain Viel.l, Menlo Park and East Palo Alto, to medical
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facilities in Red1.rood City, and other destinations 1.r! Santa clare!
county on a case-by-case basis. During the first 11 months of
199:2-93, the program provided a total of 17,230 trips, at aT!
average co~t of approximately $lO.~' per passenger ($9.15 per t~xi
trip ar.d $23.85 per W'heelchair van _'ip) ~
The ADA Paratransit Plan for Santa Clara County identifies the
implementation process the District ~ill follo~ to phase in its ADA
paratransit service over the nl?xt five years. The District has
recently selected Outreach and Escort, a non profit paratransit
provider located in San Jose, to be paratransit broker for the
consolidated, county-wide: ADA paratransit program. 'I'he broker is
scheduled to injtiQte service in the San Jose-Santa Clara area in
October 1993.
PaId Alto's Project Mobility service area and paratransit clients
will be assimilated into the broker program in July 1994~ along
with the exjsting paratransit programs in Sunnyvale, Mountain Vie ..... ,
Los Altos and Los Altos Hills. At that time, the Project Mobility
program, administered by the City of Palo Alto during the past 18
years, will be terminated. The City will continue to provide
direct input-, oversight and support to the cistr lct through the
City's membership il"., and active participation on~ the County
Paratransit Coordinating Council, during the phase-in of the
brokered service in Palo Alto.
PtnlDIlfG AGRBEIlE1l'l' WITH BANTA CLARA COUNTY 'l'RANSIT CISTRICT
Under the ADA Paratransit Plan, the District no;.; claims the TD.\/STA
grant funds from the Metropolitan Transportation commission, ..... hich
were previously allocated directly to Pale Alto and the ether Santa
Clara County paratransit programs. The District then transf~rs an
equivalent amount from District funds to the paratransit programs.
The ADA Paratransit Plan also calls for the District to gradually
commit more funding to existing paratransit operators to enhance
and E:xpand se-rvices. When the District achieves full cO;:'ipliance
...... ith the ADA in 19'97, there 'Will be no capacity (trip) restraints
or restrictions based on trip purpose or distance traveled.
Under the terms of the attached agreement, the District ... ·ill
provide reimbursement to the City of u.p to $200,302 fa;: Project
Mobility services, in t~o separate funding categorie$:
(1)
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A sum of S166,628 will be allocated as a pass through of
Palo Alto's p:to rata share of the $2.632,4.10 in TD~" funds
available to Santa Clara County in 1993-94. This is a
4.2\: increase over 1992-93 base funding. These. funds
will be used to maintain the current level of services.
A sum of up to $32,674 will be allocated from District
funds, to increase the number of trips Project Mobility
riders can take each month from 14 to 16 trips.
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'I'he purpose of this additiona.l fur,ding is to respond to
the ADA ?aratransit Plan requirement that the Distric~
gradually fund targeted service impro'Veme:lts ir"l each
community~ · ... here. service deficiencles ,'Wait lists,
limited sel::vice hours, etc.) haVe been identified. Since
Palo Al to aLready otfers seven d-1.y service and has no
'Wait list for enrollment, the highest priority !1eed is to
increase the r.umber of t~ips offered to eligible riders.
This funding will place Palo Alto's t.rip limits on a par
'With other paratransit programs in the County.
The funding allocated ~nder this agreement ~ill allo~ the progra~
to offer a baseline level cf 19,320 passenger trips with the TDA
base.d funding. and an additiollal 4 t 172 trips ..... ith the supplementary
District funding. The District fundlS .. 111 be disbur$ed on a
reimbursement basis, s'..l:bject to invoicing and reporting by the
City.
Staff recommends that Council approve the attached agreement
between the city and SCCTC , .... hich provides fer the transfer of
these funds to Palo Alto, for the project Mobility program. The
Transit District Soard of supervisors is scheduled to approve this
agreement on TuesdaYI June 29, 1993~
TAXICAB SERVICE CO~~CT
Th~ CUrrent vendor, Merit Taxi, provides taxicab services primarily
within the mid-peninsula (San Mateo to Mountain View). The ccmpany
has been operating in Palo Alto since April 1991. Merit Taxi has
provided relial:lle service during tne past year, and is currently in
the process of expanding its fleet in Palo Alto. Merit Taxi's
current meter rates of $2.DO/flag drop and $1.6{l/miie have been in
effect for over two years. The project Mobility agreement allm.;s
for an increase in rat.as in 1993-Sl4. of up to :3 percent", pursuant to
Merit Taxi's original proposal in 1991. However, Merit does not
plan to exercise its option to increase its rates above the
eXisting meter rates, at the present time.
Staff recommends that the Council approve the attdch~d amendment to
the agreement with Merit Taxi for Project Mobility ta~icab service
extending the term of tne agreement to June 30~ 1994. The
amendment also incorporates a rainor modificatic.n in the
require1D.ents for accideTlt/ injury reports" to reflect comparable
language in the fundj ng agreement bet\o.'een the City and t!"le $<:lInta
Clara county Transit Dis~rict.
WHEELCHAIR ACCBSSIBLE VAN SERVICE
'The current vendor, Medicar Ambulance of San Jose, has
providing project Mobility van service since September 1991,
it pllrchased the Santa Clara County operations of the company
l:ieen
ioihen
that
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had been awarded the Project Mobilit~~ van c::ontract for 1991-92 (911
Em~rgency Services~ rnc~ db-a Mobile Life support). ~nd w~s assigned
the contract tor project Mobility van service under the same ter!nS
and conditions as agreed ~ith 511 Emergency Services.
The current aqr~ement allows for a 5 perc~nt increase in rates for
1,93-94 based on the original proposal. Medicar has requested th3t
the basiC rate for van trips (o! up to 10 miles) be i:1creased
accordingly from $22~OO to $23.00, with the rates for additional
miles '$1~50Jea) to remain unchanged.
Staff recommends that Co~ncil approve the attached a~endment with
Medicar, extending the tel.""'m -of the a-gree"ment to June 30 , 1994,
increasing tne basic reimbursement rate tc~ wheelchair van trips,
and modifying the accident/injury reporting requireme~ts pursuant
to the funding agreement bet,,,;een the city and the. Santa Clara
County Transit District.
ENVIRONMENTAL ASSESSMENT
Project Mobility has t-een found to have no significant environ
ment~l impact~ The January 1975 Enviro~~ental Asse5s~ent is still
applicable~ and no new environmental flndinq 1S necessary.
Staff reco~~ends that Council authorize the Mayor to:
(1) EXecute AnI.enament #2 to Agreement C20247f..l with Merit Ta)(i and
Limcusinc, for .Project Mobility Taxicab Service to!."" the period
through June 30, 19~4.
(2) E-xccute Amendment #2 to Agreeml:>nt C2024760 "With Medicar
Ambulance, for project Mobil i ty Access ible Van service through
June 30. 199L
(3) Exec::ute an Agreement betW'een Santa Clara County
District and the City of Palo Alto, for the transfer
for project Mobility para transit service.
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of funds
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Res?ectfully subreitted,
/1J.",h/rAJ
J..c%O
~A~~;KENS
Senior Planner, TransPQrtdtio~
FLEMING~
Y\Manager
KENNE'i'H H. SCHREI BER
Director of Planning and
Community Environment
Attachments: 1. Marit Taxi letter agreeing to renew contract
:2. Medicar Ambulance letter agreeing to renew contract
3. Amendment 12 to Taxicab Service contract
4. Amendment 12 to Accessible Van Service Contract:.
5. Agreement -with Santa clara county
cc: Merit 'r'axi
Medicar Ambulance
Hartin D~Nero, Santa Clara cO'<Jnty Transportat"ion Agency
Becky Mann, SF.lnjor coordinating Council
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MERJ T T;.y. r SEFV1 CE
1259 SHOAL DRIVE
SA-Ill MArro, CAl,lfDR'\IIA
94~04
CITY Of' PAlO ALTO
~NSPORTATION DJVISICN
PRO....1E'(:T ~BILIT'{
ATTN~ GAYLE LIKENS
ATTACHMENT 1
JT.~I2 9, 1993
THIS lEITER IS 'IQ SET F'ORTH Arj AGREEMENI TO E,('l'E!I.'D OUR RENE"'o"j'1\L C'C..t.."TR.A.CT wl'lli THE CITY
OF PALO 1\1:1'0'5 PRO.JEX:'T K)BILITY TRJ. .. "iSroRTATlOO SER'Y"lCE WITIi MERIT TAXI FOP AN AOOITlOOAI.J
YEAR. 10.5 PER OOR PREVIOUS PRQFQSAL A..l>ID CCNl'RAC'r, ME.'RIT '1'10(1 SER\-"lCE WILL MAI~AIN THE
SAME roRM.~T CN PATES WITH A GI!Af/.A!ll'EE ~ ro EXCEED '!i-ffi NLL.~'1N::; Ri:tTBS THM.:.liJ',3H THE DtJR
ATICN OF THIS CXNrnACT.
~
FLAG DRt')P ':: $2.00
PER MILE RATE • $1.60
DATE /"'! 1/ I UL..,i(_6'---_
LIST OF VEl:l.ICLFS, PRCX)F OF INSlJRANl"'E A.."'ID DRIVERS LIST TO rof.J.J.::lol.
_~-...~_~_"" ... ':JIi'''.''r""e,..'''_,_~.; . _ ~~ _,._
!') •
-'MEO$CAR
AMBULANCE CO. ATTACHMENT 2
June 8, 1So;3:
Project Mobility
P,O. Box 10250
Palo Alto, CA 94303
Centlemen:
740 W, SAN CARLOS
P.O, BOX 28596
SAN JOSE, CA 95159
By this letter Hedicar Ambu!ance Company. In=. agrees to
accept an extension of the present contract tor
transportation services for the period July 1, 1993 through
June 30~ 1994.
The agreed upon extension of the agreement will b~ at rates
equal to 105\ of the rates in eff~ct at the time of this
acceptance.
Should yOQ have any questions, please contact me at your
~arliest opportunity.
Sincerely,
;1:;:t.~~~
Vice p%":~dent
SAN JOSE :o-K>RTHERN CAlIFOHNJA.
(408) 377·3500
PROfESSIONAL GuERNEY
AND WH EEL CHAIR
TRAIIIS,;ooRTATION AlSO (BOO) 841·9997
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ATTACHMENT 3
AMENDMRNT NO.2 TO AGRE~NT NO. C2024761
BETWEEN THE CITY OF PP,1.0 ALTO AA"D
MERIT TAXI M"D L!MOUSINE POR PROJECT r-iOBIL,ITY TAXICAB SERVICE
WHBREAS, on ... T:.lly 22, 1991, the City of Palo Alt'J {"City")
entez:ed into a.n agreement witt. Merit Taxi a:r.d Limousine (~·Me!:"it)·
for Project. Mobility Taxicab Service 'BAg-reernen::. No. C2024761") for
the 1991-92 fiscal year, -llihich agl'eement 'Was subsequent.ly aJTl.ended
to extend the term until June 3D. 1993; a.nd
WHEREAS. pursuant co Section IV, Paragraph A af th;~
specifications. made a part of Agreement No. C2024761, the parties
may mutually extend the agreement for two consecutive one-year
terms. at a rate in accordance with Merit's original proposal d~ted
June 12, 1991, and
WHEREAS, Merit has requested that the City extend the
agreement for the fiscal year July 1, 1993 to June 30, 1994, at no
change in rate; and
WHEREAS. the parties have a.greed to amend the provisions
of the agreement relating to reporting of accidents, in order to
comply with the City's responsibilities under the ~Agreement
Between Santa Clara County Transit District and the City of palo
~to for Paratransit Services.-
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
Agreement No. C2023761 is herebr amended in the following
manner:
1. The term af the for
additional fiscal year l beginning
1994.
agreement is excended
July 1, 1993, and ending Jur:e
ar:.
3G,
:2. Section T of i?art III of the agreement is amended to
read as follows:
T. Accident/Injury Reports. CON'TRACTOR shall
provide to the CITY immediately I"E'ports on any
incidents involving injury and/or property d~ge
and/or requiring police involvemer:t while providing
services under this iA.greernent. Such repct'ts s!'"Jall
be made verbally on an i~mediate basis and shall be
wade in writing to CITY within t ...... enty· four hours
from the tirr,e of the incident. or by the next
working day.
3. All other term.s and conditions of the agreemer:t
remain in full force and €ffect.
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IN WITNESS WF.EREOF. the parties hr:reto have execnted this an~ndm~nt to agreement on 1993.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Sp.nicr Assistant City Attorney
APPROVED:
Assistant City Manager
Director of Finance
Director of Planning and
Community Envircnment
Chief Tra.nsportation Official
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Cl IT OP' f'ALO ALTO:
MERIT TAXI AND LLMOUSINE
By: ____________ _
Title:
Tax Identification No.:
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ATTACHMENT 4
AMENDMENT NO.2 TO AG!<.EEMENT NO. C2D2475C
BETWEEN THE CITY OF PAI<) ALTO AND
MEDICAR AMSULANCE CO., INC. FOR PROJ~C'T
MOEILITY WHEELCtr..AIx ACCESSIBLE VA..lIi. SERVICE
WHEREAS. on July 18, 1991, the City of Palo Alto \ "Cit.y")
entered into an agreerr:ent -with 911 Emergency Services. Inc. \·911) II
for Project Mobility Wheelchair ~"cc-essible Van Senrice ("Ag!'eeme'1t
No. C20247€\)"-} for t.he 1991-92 fiscal year, which agreement. was
subsequently amende-d to extend the term until June 30, 1993; and
WHEREAS, in October 1991, the City approved 911'5
aBs~gnment of its rights and responsibilities under the agreement
to Medicar ~ulance Co .• Inc~ (NMedicar!t); and
'WHEREAS~ pursuant to Section IV, Paragraph A of the
specifications, made a part of Agreement No. C20247~O. the partie3
!ray mutually extend the agree..'1\ent for two consecutive Colle-year
terms, at a rate i!) accordance with 9.11' s original proposal dated
June 20~ 1991; and
Wh'"EREA'S, N~dicar nas requested t.hat the City extend the
agreement for the fiscal year July 1. 1993 to June 30, 1994. with
a rate change from $22.0C to $23.00 per ~~eelchair Passenger, in
accordance with 911'9 proposal; and
WHEREAS, the parties have agreed to amend the provisions
of the agreement regarding reporting of accidents in order to
comply with the C~cy's responsibilities under the WAgreement
Between Santa Clara county Transit District and the City of Palo
Alto for Paratransit ServiceE.~
NOW, THEREFORE, the parties hereto do hereby agx-ee as
follows!
Agreement N::>. C21)237EC is hereby a!nended in the following
manner:
1. The term of tbe agree.'11e:1t ie extended for an
additional fiscal year, beginning J~ly 1, 1993, and ending June 30,
1~94 0
2. The basic charge per Wheelchair Passenger is changed
from $22.00 to $23.00.
J. Section T of Part III of the agreement is amende(I to
read as follows:
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T. Accj.A§1t/Injury Reports. CO~"TRACTOR shall
provide to the CITY immediately reports on any
incidents involving injnry and/or property da...'uage
and/or requiring police invol Vernent while providing
services under this agreement, Such reports shall
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:be made verbally on an irnrr.Ediate basis and shall be
made in ",·ritir.g to C::::TY .... ithin twenty· four hours
from the time of the incid:ent, or by tr .. e next
working day.
4. All other terms and conditions of the asreer.L1:::lt
remain in full force and effect.
IN WITNESS WFIHREOF, the parties hereto have executed this
amendment to agreement cn ___ ______ 1993.
ATTEST:
City Clerk
Al' PROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Assistant City ¥.anager
Director of Finance
Director of Planning and
Community Snyironment
Chief Transportation Offi"ciaI-
CITY OF PALO ALTO:
By: _____________ _
Mayor
MEDlCAR AMBULANCE, CO. INC.
By:
Its: ___ _
Tax Identification No.:
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ATTACHMENT 5
AGREEMENT BETWEEN
SA,..'PI,lTA CLAP_~ COUNTY TRANSIT D1STRICT
AND
THE CITY OF PALO ALTO
FOR PARA7RANSIT SERVICES
This Agreement. entered into on the of JUNE 1993. is between
the SANTA CLARA COUNTY TRANSIT DISTRICT, a public entity {knQwn
herein as DISTRICT) and the Citv of Palo Alto (known herein as
CONTRACTOR), organized and ~xi5tin9 under the l~ws of the State of
California, who hereby agree that the Services specified herei~
s.hall he performed by the CONTBACTOR in accordance with the
provisions of this Agreement.
RECITALS
WcEREAS, the CONTRACTOR, through its project ~obllity program,
provides paratransit service; and
WHEREAS, the CONTRACTOR previously claimed Ttan5poxtation
Development A~t Section 4.5 (TD~ 4.5) and State Transit Assistance
(STA) funding directly from the San francisco B~y Area Metropolitan
Transportation Commission (MTC); and
WBEREAS, the DISTRICT'S Paratransit Plan, as required by the
Amerit:ans with Disabilities Act (ADA), contains ptovisions for the
DISTRICT to claim the TDA 4.5 and STA. paratransit funding and to
transfer an equivalent amount to the current claimants, including
CONTRACTOR; and
WHEREAS, the DISTRICT budget includes funding to implement its
Americans with Disabilities Act Paratransit Plan; and
\r\."BEREAS, the DISTR:IC'r now desires for the CONTRACTOR to assist the
DISTRICT in periorming certain services included in the ADA
Palatransit Plan; and
WHEREAS, the CONTRACTOR is a public entity and participates in the
Santa Clara county Paratlansit Coordinating Council (PCC); and
WHEREAS~ the pcels Grant Revie .. and Allocation committee revie""ed
and recommended the funding requested herein, which was then
approved by the PCC Executive Committee~
NOW THEREFORE. ttle DISTRIC1' .AND CONTRACTOF AGREE AS FOLLO;'JS:
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ARTICl 1-SERVICES TO BE: PERFORMED
1.1 THE SERVICES contemplat~d by this Agreement consist of
paratransit services, described in two sep~rat~ parts, as foll~~5:
Part 1: Services based on the TDA/STA funding program,
~herein the DISTRICT transfers an equivalent funding
amount to CONTRACTOR, based on TDA/STA allocation; and
Part 2: Services consisting of paratransit services for
the DISTRICT's ~~ericans ~ith Disabilities Act Paratransit
Plan.
1.2 Except as specified elsewhere in this Agr~ement, CONTRACTOR
shall furnish all professional services including all materials~
tools~ supplies, equipment~ transportation, management and
supervision, and labor, and shall perform all cparaticns necessary
and required to Eatisfactorily perfor~ the services set fQrth in
Exhihits A and B, SCOPE OF SERVICES, which Exhibits a~e
incorporated herein by this reference and made a part hereGf~ as
follows:
Exhibit A: Scope cf Set"vices/part 1; and
Exhibit B: Scope of Services/Part 2.
143 The sc~edule for performance of the service5 is set forth in
Exhibits A and B~ incorporated herein and by this reference made ~
part hereof. The schedule may be mod~fied if mutually agreed to in
writing by both the DISTRICT and CONTRACTO~r provided the term of
the Aqree~ent is not exceeded.
1.4 The CONTRACTOR shall provide Services within the city of Palo
Alto and the stanford University campus.
1.5 CONTRACTOR agrees to perform Services set forth in Exhibit B,
SCOPE OF SERVICES, only for p~rsons certified as eligible for ~DA
paratransit services, p~rsuan~ to the interim self-certification
honor-card elisibility proces$.
ARTICLE 2-T~ OF TlIE AGREEJlEN'l'
2.1 The term of the agreement 6h~ll begin July 1, 1993 and shall
expire no latet" than June 3~, 199~.
ARTICLE 3-COMPENSATION
3.1 As full consideration for the satisfactory performance and
completion by CONTRACT09 of the services set forth in this
A9reement, CONTRACTOR shall be compensated and reimbursed by
DISTRICT on the basis of invoices and submittals in accordance with
Exhibit C, COMPENSA.TION" INVOICING AND PAYM.ENT~ which Exhibit is
inco~porated herein by this ~eference and mace a part hereof.
Total compensa t.ion for the .Agreement shall be made in t",·o pal ts, as
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follo'Ns:
Pa~t 1: ~otal comyensation shall not exceed $166~628.00
Part 2: Total compensation shall not Exceed $33~674.00
No additional compen~~ticn will be paid without a written a~endment
to this Agreement.
ARTICLE 4--ENTIRE AGREEMENT
4.1 This agreement constitutes the entire Agreement between
DISTRICT and CONTRACTOR relating to the subject matter he.eof and
supersedes any previou~ agreements O~ understandings, oral or
~ritten. This Agreement shall be amended only by writt€n
instrument signed by Doth the DISTF.ICT l!nd the CONTRAC'TOJL
ARTICLE 5-DEFINITIONS
5.1 DISTRICT means Santa Clara County Transit District and all of
i~s authorized representative~.
S.2 CONTRACTOR means the City of Palo Alto, its employees,
authori2ed representatives I authorized subcontract~rs, successors,
and permitted assigns.
5.3 services means the professional, technical, ~nd administrative
se.rvices and responsibilities t·:;, be performed by CONTRACTOR as
p(ovided in this Agreement.
ARTICLE 6-INDEPENDENT CONTRACTOR
6.1 CONTRACTOR shall act as a~ independent contractor and not as
the agent of OISTRICT in pe(fo(ming its Services under this
Agreement.
6.2 CONTRACTOR shall pay all salaries, ~ages~ benefits, premiums,
payroll and oth~r tax.es to or <:In acc'J'Jnt of CONTRACTOR's employees
...... hich arisE' out of or (esult from Services performed pl.!rsuant to
this agreement. DISTRICT shall not be liable fc( the payment of
such salaries, wages, benefits, payroll or oth~r taxes to or on
account of any such employee.
ARTICLE 7-LAWS AND REGULATIONS
7.1 CONTR~CTOR, it~ employees and subcontractors performing the
services hereunder shall comply 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 implementation of the
DISTRICT'S ADA Paratransit Plan, and abide by the provisions
thereof, including, but not limited to, implementation of interim
self-certification and regional eligibility c[iteria anG processes.
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ARTICLE 8-MINTENAllCE., INSPECTION AND AUDIT OF RECORDS
8.1 CONTRlI.CTQR shall obtain i!! c~rtified fiscal audit, conducted b:r'
an entity other than th€' CONTRACTCR, of books. accounts, records,
data~ and other rel~vant information to verify the costs incurred
h~Ieunder for billings under this Agreement.
S.2 CONTRACTOR shall submit this certified audit to the DISTRICT
within laO days from the expiration or termination of this
.Agreement~
8.3 CONTRACTOR sba;11 submit the audit accompanied by a report
including a certification that the payments made to the CONTF~CTOR
by the DISTRICT pursuant to this Agreement were expended in
conformance ~ith applicable laws and rules and ,egulations~
8.4 CONTRACTOR shall maintain, in accordance with generally
ac~epted accounting principles and practices, complete books,
accounts, records and data with respect to actual time devoted and
costs incurred for Services under this agree~ent. Such records
shall be supported by properly executed payrolls, invoices,
contracts or vouchers evidencing the nature and prop~iety of any
charges in sufficient detail to allow proper audit of the
transaction. All checks, payrolls, invoice ccnt~acts or ether
accounting documents pertaining in whole or in part to the Services
shall be clearly identified and readily available~
8.5 Fer the duration of the agreement, and for a p~riod of three
years thereafter, and the period of any audit commenced prior
thereto, DISTRICT and its representatives shall have the right to
examine and audit during CONTRACTORS n~rmal business hours these
books, accounts, records, data ~nd other relevant information to
the extent tequited to verify the cost~ incurred hereunder fer
billings un~et this Agreement. The CONT~CTOR shall make all such
materials available at a location situated inside the County of
Santa Cia.ra or at another location mutually agreed to in writing by
both parties.
8.6 This agreement is further subject to the examination and audit
of the Auditor General of the State of California for a period of
three years after the final payment hereunde(, pursuant to
Government Code section 10532.
8.7 If this agree~ent is funded in whole o~ in part by a Federal
grant I the Comptroller General of the United States and authuriz~d
repre~entatives of the agency furnishing the grant shall have the
right to examine and audit CONTRACTOP.'s books, accounts; records,
work products and other information relevant to this agreement in
accordance with applicable Federal regulations.
ARTICLE 9-ASSIGNABILITY AND SUBCONTRACT1NG
9.1 CONTRACTOR1s subcontracto[" providets of services as of the
date of execution of this Ag~eezent ate identified in Exhibit D,
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KEY PERSONNEL. CONTRACTOP. agrees that if ~t makes any changes '.;ith
respect to any providers of services identified in Exhibit D~ KEY
PERSONNEL, CONT~~CTOR shall notify DISTR!CT in ~riting of 5U=~
change ~ithin 30 days after making such change. Other than
cont~acting with providers of services pursuant to this Agreement,
CONTRACTOR shall not assign or transfer this Agreement or any
portion thereof without prior written consent of DISTRICT.
ARTICLE 10-REQUIRED REPORTS
10~1 CONTRACTOR shall provide ,;!:uartoerly reports to the DISTRICT on
the services funded by this a·;ree-ment. These reports. shall be in
the format of the Metro~olitan Transportation Commission's Report
'On Operating Finances and Statistics, ~ith a separate ceport
pcovided for each mode of service provided, including a summary
report. CONTRACTOR shall also provide a narrative report
describing the general progress of the Seevices~ at least
quarterl.y.
Such reports shall be made separately foe Services described in
Part 1 and Part 2, Exhibits A and S, respectively.
10.2 CONTRACTOR agre£s to provide to the DISTRICT all informat~on
necessary to complete the annual Section lS Reports required by the
Federal Transit Administration.
lD.3 CONTRACTOR agrees to include in all subcontracts with service
providers, as described in Exhibit D, Key Personnel, performing
services under this Agreement, a reguirement that the service
providers immediately provide CONTRACTOR .... ith reports on any and
all incidents involving injury and/or property damage and/or
involving law enforcement while providin; services under this
Agreement~ Such reports shall be mad~ verbally on an immediate
basis and shall be made in writing to CONTRACTOR within twenty-four
hours from the time of the incident, or by the next working clay.
CONTRACTOR further agtees to provide DISTRlc·r .",ith the information
received f!:om it:;;; service providers~ immediately upon receipt ",·jth
respect to verbal reprts, and within twenty-four hours of receipt
with respect to written reports.
ARTICLE 11-AUTHORIZED R~PRESENTATlVES AND NOTICES
11. 1 DISTRI CT and CONTRAC'I'OR each he reby des ignate an Author i zed
Representative ..,,-ho has authodty to act on its behalf for this
agreEment, as follows!
al DISTRICT: Mattin DeNeto
L
Accessible Services Manager
Santa Clara County Tran~port3tion Agency
3331 North First St.
San Jose, Ca~ 95134-1906
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b) C0NTP.ACTOP.: Gayle Liker:s
Senior Fl?i:lner
City of Palo Alto
2::0 Hamilton .Ave.
Palo Alto, Ca. 94303
11.2 Written notification to the other party shall be p~ovided, in
advance, of chan9~s in name or address of such Authorized
Repre5Entative.
11.3 Notices provided for under this ~greement shall be in
writing, a~d shall be served cn the Authorized Representative of
the receiving partYI either per£on~11y at the party's offices, or
by registered mail to its o!fice address.
ARTICLE 12-INDEMNIFICATION >~~ INSURANCE
12.1 CONTRACTOR shall provide indemnification and insurance as set
f::lrth in Exhibit E~ INDEMNIFICATION AND INSURANCE, '*'hich exhibit is
incorporated herein and by this reftre~ce made a part hereof.
Coverage under the indemnification and insurance provisions shall
apply both to DISTRICT and the county of Sant~ Clara '~County~}.
AR~ICLE 13-NONDISCRIKlNAT10N AND AYFI~~IVE ACTION
13.1 curing performance of this Agreement, CONTRACTOR, its
employeeu and subcontractors shall not unlawfully disc,iminate
against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap~
medica.l condition, m.arital st.atu-s. age or sex, and shall take
affirmative action to. assure that applicants ~re employed~ and that
employees are lawfully treated dyring their employment, without
regard to their race, [eli9ion, ~clor~ national o~iginl ancestry,
physical handicap~ medical condition, marital status, age or sex~
AP.TICLE 14-ImN-WAlVER
14.1 Fai1ure of DISTRICT to insist upon strict performance of any
terms or conditio~s of this ~gree~ent. or failure or delay in
exercising any rights or remedies provided herein or by law, or its
failure to properly notify CO~TRACTOR in the event cf breach, or
its acceptance of or payment for any Services hereunder, shall not
release CONTRACTOR from the representations or obli9ations of this
Agreement, and shall not be deemed a waiver of any right of
DIST~ICT to insist upon strict performance hereof or upon any of
its rights or remedies hersundet.
ARTICLE 15-TERMINATION AND SUSPENSION
15.1 This Agreement may be terminated only by mutual consent c-f
the parties in .. .-riting. CONTR.~CTOR shall be compensated in
accordance with th~ terms of the Agreement for Services
satisfactorily performed prior to the effective date and time of
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tera,ination or slJs~ension including termination expenses reasonably
incur red.
15.2 D:rS'fRICT~ by written notice given to CCNTRACTOP., may decl,ne
a default in CONTRA.CTOR'S perfcl:m'3.;l.::-e of any material term or this
Agreement, specifying with particularity the basis for such
default. CONTR.~CTOR shall deliver a response thereto in writing to
DISTRIC~ within forty-eight (46) hours of receipt of the notice,
excluding we2kends and holidays, setting forth a reasonable
propClsal 'C.o cure the default. In. the ever·t CONTRACTOR fails to
deliver the foregoing response on time or fails to cure the default
within fifteen (15) calendar days after receipt of the notice (at
within such additional time the parti~s may agree upon in ~riting)~
DISTRICT may elect to terminate this Ag~Eement for cause by serving
written notice thereof to CONTRACTOR. In such an instance~
CONTRACTOR shall be compensated as p,ovid~d in paragraph 15.1
above~ offset by any additiondl costs to D!STRICT of completing the
s~rvices to be performed hereunder.
15.3 In the event of termination or suspension, all data, plans,
specificatio~)s, reports, e~timates, summaries, and such other
information and materials as may have been generated or accumulat~d
by CONTRACTOR and its assigned employees or subcontractors in
performing and pertaining to this Agreement shall~ in the manner
and to the extent determined by DISTRICT, become the property of
~nd shall be delivered to DISTR!CT.
ARTICLE 16-STANDARD OF SERVICES
16.1 CON'rRACTOR represents that it is suffiCiently experienced,
properly qualified, licensed, equipped, organi~ed and financed to
perform its Services under this Agreement.
16.:2 CONTRACTOR shall perform its Sen'i ces t.mder thi S Agreement
with that degree of ski),l and judgment normally exercised by firms
performing services of a similar nature in Santa Clara County.
16.3 Contractor shall f~rnist qualified personnel to fill
positions and perform services specified in E~hibits A and 8, SCOPE
OF SERVICES, with the degree of skil~ and diligence normally
provided by personnel in the industry for similar positions and
services.
ARTICLE 17-SEVERABILITY
17~1 !n the event that any of the provisions or portions or
applications thereof of this Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, DISTRICT and
CONTR..;CTOR shall negotiate ar. equi t.abl.e adjustment in the
provisions of the Agreement with a view toward effecting the
purpose of this Agreement, and the validity and enforceability of
the remaining provisions or portions or apflications thereof, shall
not be affected thereby~
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ARTICLE 18-CEANGES
18.1 If during performance of this Agre:ement conTRACTOR determines
that changes in th~ Services have become necessary, CONTRACTOR
shall so notify the Authorized Repcebentative within ten (IO)
~orking days of such determination. ror the pu:poses of this
Agreement, ·Changes· are defined as services which (1) are
necessary to accomplish the purposes of the agr~~m€nt~ (2) are not
set forth in Exhibits A and B, SCOPE OF SERVICES, (3) ~ere not
reasonably contemplated by the parties to be performed by
CONTRACTOR und'!'!:' the SCOPE OF SERVICES, and ~4} are not due to
CONTRACTOR's errors or omissions in the performance of this
~.qreement. CONTRACTOR AND DISTRICT shall m.utually agree ir .... ·ri ting
to any such Changes, ~hich Changes will not increase the tctal
Agreement value (for which increase a written amendment to this
agreement is required unde~ ARTICLE 3 above). U~les5 otherwise
agreed to in writing~ all provisions to this agreement shall apply
to all Changes in Services.
18.2 If du~in9 the performance of this Agreement CONTRACTOR
detecmines that the agreed Changes set forth above will affect the
schedule, CONTRACTOR shall so notify the DISTRICT Authorized
.Representative within ten (10) .... ·orking days. The CONTRACTOR .l..ND
DISTRICT shall mutually determine ~hat actions to take to mitig~te
the negative impacts of such effects on the sched·1l1e, and if
necessary to modify the schedule, provided the term of the
Agreement is not exceeded.
ARTICLE 19-PROHIBITED INTERESTS
19.1 CONTRACTOR warrants that it ha~ nct employed or retained any
company or person, other than a bona fide employee working solely
for CONTRACTOR, to solicit or secure this Agreement and that it has
not paid or agreed to pay any company or person, other than a bona
fide employee working solely fnr CONTRACTOR, any fee, commission,
percentage, brokerage fee, gif: or any other conSideration,
contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty~ DISlRICT
shall have the right to rescind this Agree~ent without liability.
19.2 No member, officer or eoployee of the DISTRICT or Santa Clara
County Transpo=tation Agency during tenure or fo~ one yea~
thereafter shall have any interest, di~ect or indirect, in this
Agreement or the proceeds thereof.
19.3 The CONTRACTOR covenants that s/he has no interest and shall
not acquire any interest, direct or indirect, .... hich .... ould conflict
in any manner or degree with the performance of Services required
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to be performed under this A'3reemcnt. The CONTRACTOR further
covenants that in the performance of this Agreement no person
having any such interest shall knowingly be employed.
ARTICLE 20-APPLICABLE LAW
20~1 This Agreement sh~ll be gove[ned and construed under the la .... s
of the State of California.
ARTICLE 21-SURVIVAL
21.1 The rights and obligations of the parties which by their
nature survive termination, suspension or completion of the
services covered by this Agreement, including but not limited to
those set forth in Article 8, Article 12, and Article lS~ shall
remain in full force and effect after termination. suspension or
completion of service.
ARTICLE 22-EXHIBITS
22.1 Whene"w'er any ARTICLE of or EXHIBIT to this agreement refers
to any of the follo~in9 EXHIBITS Stich EXHIBITS shall be
inco~po~ated therein and made a pa~t th~~eof by such ~eferen~e.
EXHIBIT A -SCOPE OF SERVICES/PART 1
EXHIBI T B -SCOPE OF SERVICES/PART 2
EXHIBIT C COl1PENSA'I!ON
EXHIBIT D -.KEY PERSONNEL
EXHIBIT E -IND!::l't.~I FlCATION AND INSURANCE
ARTrCLE 23-AMENDMENT
26.1 Except as expressly provided herein, the provisions of this
Agreement shall not be altere~. m~dificd or affiended except through
the execution cf a written amend~ent executed by D!STRICT and
CONTPACTOR.
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IN WITNESS HEREOF, DIS~RICT and CONTRACTOR have entered into this
agreement as of: ____ _
BY-.~-.~~~ ____________ _
Zoe Lofgren
Chairperson, Transit
Board of Supe:vis~rs
CONTRACTOR
By
-CIty of palo~to
ATTEST:
pfiyl1.lS Perez
Clerk of the Board of Supervisors
AFPROVFD AS TO FO~~ AND LEGALITY:
.F:ev~n D. AITiil.ano-
DEPUTY COUNTY COUNSEL
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District
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EXHIBITS A & B
DOCUMENT f
CITY OF PALO ALTO
FY 1993-94 TDAiSTA CLAIM
I. SERVICE AND OPERATIONS DESCRIPTION
(a! Service A{ea
The City"s paratransit prog,.sm. Project Mobifity, serv~s the needs of mobility impaired
residents of the City of Palo Alto and tile Stanfo .. d Un!vel'sity ca'T'pIJ5, the only
unincorporated county area within Palo Alto's sphere of inf1uence. The 'T:otat pOj:lurat~on
ill the .service are:a is approx]metel'y 73,997 perso..,s.
Persons who meet the ·program's eligibility requirements may trallel to unrestricted
destinations in Pale Alto and StanfOfd, and to East Palo Alto, Menlo Park. Los Aftos,
Mountain Vtew, and to Kaiser and Sequeia Hospitals 10 Redwood City. Aiders are
encouraged, however. to travel to the nearest comparable facility whenever "ossibte.
Req~sts rOt trips to other destinations are reviewed on a case by case basis.
GenElfaOy, trips are also provided to legal, social sBr,lice. or medicsl faciFties elsC!whe:-e
in Santa Clara County ;~ comparable service:;; are r.ot available locally.
Cb) Sery~ce Modes
The program has two components: taxicab service and wheelchair accessible van
service.
Taxicab Service: The City conuacts with focal taxicab company [or companies
when feasibte), on an open entry basis, for a user side subsidy taxicab service. in
the event two or more companies parricip"te in the program, cliems may use the
cab company of their choosing. Curr~ntry. the Cify contracts wlth only one ta.xicab
company, Merit Ta,o of San Mateo. Th~ current contract has an optional one year
extension proviSion, which would extend througr. June 1994. Contract documents
wi!: be executed tor FY 1993-94 in J\..Jn.e.
Accessible Van Servic.e: 'A1"leelchair van service is Gurre'lt!y prcvided by Medicar
Ambulance of San Jose. The compaf1y operates a fleet of wh~elchair vans in a
pre-scheduled and Ijemand responsive mode. This contract " ..... as awarded on a
competitive bid basis and also has a optional one year extension provision.
The great majority of taxi and van trips are exclusive ride, although the service
operaters are encouraged to group riders into shared ride trips when feasible. An
average response time of 20 minutes is required far all Project Mobility trips.
(e) Hours of Operation
Both taxicab and wheelChair van services are (lvailabie 24 hall'S a day seven days a
week. Enrollees are askod to place reservations for service one day in advance.
Emerllencies, unantfcipatad trips. and trips called in on the same day are
accommodated if and when they con be fit into the day's schedule. In practica, almost
all trip res~rvation.s are cal~ed in just cne day ahead, and not before.
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fd) SeNice E~
(el
All residents of th.a i~corpofated and unincorporated lands in and adjacent to Palo Alto,
including the Stanfofd University campus, are :served by the program. No e>:pansion
Of' extension of service is planned in 1993-94.
fare Structure
The City prints al"ld sells trip tickets whlct1 participants turn in to th~ taxllvan drivers
in fieu of a cash fare. The tickets are current~y priced at $1.50 each. This fare is
consistent with the County pee 'fare policy statement cmd comparable to 'base fares
Ch~HijBd by other patatrensit operators. No fare increase is plc::nned in 1 993~94.
Outing 1992·93 participants were alfocated a minimum of 10 tickets pe~ month;
addjtional h"tnd'ing was provided by the Transportation Agen.;y in Decembe:-to increase
the basic ticket aUoca::lon to 14 tickets per mcn,:n. Persons requiring !ife~sustalning
treatments Of intel1sive cancer treatments or other special medical needs afe anoc:ated
additionaf tickers on a case-by-case basis. Diaiysis patients are eligible for 24 trips per
month.
The num'Cer oi tickets charged for trips varies according to distance traveled:
Rider Fares fQr one-wa~
Trips within Palo Alto $1.50
Trips between Palo Alta and adjacent
communJties up to 3 miles in length $1.50
Trips Ollt of Palo Alto aver 3 miles
in length $3.00
Cost to City: The Ctty currently reimburses the taxicab company based on the meter
rates. in effect for the general pubfic (currently $2.00/f1ag drop. $1.60/mile). Tt1e
current cost of wheelch.:J;r van service is $21.00 per whet"lchair passenger for trips up
to 1 a miles end $' .50 per mil~ thergafter. wit~ an additional $7.00 charae for eSC(lrts
0( attendants traveling wirh wheelchair-bound rjdars. •
II. SERVICE COORDINATION
Since Project Mobility taxicab service operatEs on a 24-hour basis and provides
door-to-cloOt' service, we are able to coord'nate with otne~ public and private
transportation services:
Consistency with ADA Requirements: Project Mobility epprication gwidBllnes are
consistent with th,=, reQL.lirements of the Americans with Disabilities Act. The
program's hours of operation, re:sponse time. pollcy on escorts/companions meet or
exceed the ADA requirements. The ACA Paratransit Plan for Santa Ctara County. the
Project Mobility program will be assilr,ilated ~nto the countywide broker in FY 1994-95.
COQrdination with Pl.!blic TraQsi!: Project Mobility crients now use the service to
connect with Cattrain. Sama Clara County Transit and Samtrans for trips beyond the
Project Mobility service area.
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Coordination with Seniof Center ES_C;_9n Serv~: Palo Alto Senior Center staff handle
enrollment of clients in Project Mobiiity and the Senior Cer:ter's Escort Service as at'.
in-kind service for the City. r,..lany c:ients participate in both programs and 'C,",o,Jse th.g
service which best meets their trip needs. (Esco;t Ser.ljces are restricted to medical,
nutrition or essential servires within Palo Alto; Project Mobirity offers greater fle>l,ibilit,.,
to the enrollee because of lts extended ser ..... ice hours, service ama and ~ack of
restrictions on trip purposes.)
Coordination with Marguerite Service: Project Mobility cumplemel1ts the ~Matguerite"
fixad route transit end demand-responsive paratransit service offered on th~ Stanford
UrJversrty campus. The Marguerite accessible van ser..'ice rest~icts Off '"Campus trips
to destinations reloted 'to academic pursuits. Project Mobility services can be used for
afl the; other de~"tinatlons off campus. Staff works with the Office of Student Affairs
.end the Disabled Student Services Office to address the needs handicapp€d campus
residents.
pce Service Provider$.: City staff also has participated in the activities of the Santa
Clara County pee Samce Pro .... iders Committee. Beginning in 1989-90 Palo Arto
incorporated the elements of tne model ta)l.icab contract that was developed in
cooperation with CSANantrans, Sunnyvale and Outreach and Escort. As a member
of the Pee Service Providers comlT'.inee, Palo Afro staff has worked with other
providers to develop standardized eligibility criteda, fare structure and ride fimitBtiar,s
policies, in coojunctillf1 with the County AS 120 ActIon Pian. City staff feels the
Service Providers committee needs to be reactivated to provide input, assistance and
support to the PeC and SCCTA staff during the first year of transit;cn to the brokered
seNics, and to work c'ose~y with the broker and SCCTA staff in planning for the
incorporation of the Palo Alto area in 1994-95.
lnter=CQIJnty COOfdination; The Santa Grata/San Mateo County line continues tQ be a
barrler to coordination with San Ma'!:eo CO\.J;1ty para transit provh:.Jers. R€di·Wheels, the
San Mateo County paratransit program operated by SamTrans, only serves S .. n M'ateo
County residEnts. Redi·Whee's' trips into P310 Aft" are limited to destinations north
of Embarcadero Road, including two major medical facilities, Stanford Hospital and the
Pa!o Alto Medical Cfink', On the other hand, Proje:::t Mobility trips into Menlo Park,
East Palo Alto, and to Kaiser Hospital in Redwood City account for approximately
15-20 percent of the total trips gBnerated. At present, there is little basis for ir\!er
county coordination betweef1 our program and San Ma1€O County parauansit
programs.
~nter--county service is an -9ssantial and critical element of our program. During 1993--
94, City staff hopes to work cooperatively with SCCTA ar.d Samtrans staff as they
develop the interagency agreement that will ensure the conttnued availabil,ty of
intercounty trips to all essent;al destif1ations in south San Mateo County for Project
Mobility enrollees.
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Ill. EFFiCiENCY AND EFFECTIVENESS
MTC dld nct recommend any specific productivit'l imprOyemE:'lts for trois program irt
1992-93. The last perl arm axe re~ort for paratransit services in Santa Clara County
was conducted by Harvey Rose Corp. in lS87. That report and the actions
impremented by the City in response to the recommendations of the report were fully
8ddre~d ir, previous gra:lt propcsa!s.
W. CAPITAL PROGRAM
v.
No capitallishicte or equipment purchases are planned in FY 1993-94.
SIGNifiCANT BUDGET PROVISIONS
1M operating budget shown Or:! Document F reflects a 2.6% increase over the-adopted
1992-93 budget. The program budget assumes a 3%-5% inflation factor for contract
costs and a 3% increase in administrati ..... e C':)5t5. ConseQuendv, the projected TDA
funding le ..... .,1 will reduce the existing level of service ,number of trij::sJ by 5.5% or
1 060 passenger trips.
Based on trus budget. S!aff will adjust monthl, ticl<et sales. (typ!ca:1y 14 tickets/month)
to provide i 2. months of service. Should ",ore restrictive measures be required.
estabfisrunent of e temP"Qfary walt list could be institL.'tsd.
VI. SERVICE CONTRACTS
(a} Se Mcg Cant( acts
The cootr(lt;t for sen. ice in 1993-94 wiH be awarced in tate June, following th€ City
Council's approval of the 1993-94 annuai budget The City wlll execute the
necessary agreements with tr.~ SCCTA at that tima.
Ib: Competitive Bidding PrQCess
In accordance with MTC requirements. Palo Alto has followed a competitive (Dr open
itr:tty) biddii'lQ process to solicit proposals for taxicab an wheelchair van services. In
MaV 1991 ~ reCjuests f04" proposals for one year servIce contracts with two optional one
year arter.sioN YIoIere sent to th!rte.en poter'\tial seC'V\ce operators. Onlv !VIe('~t Ta-xi of
San Mateo and Mobile Life Support subrnitted propas6[s. Mobile Life Support was
subsequently 8cCj:Jired by Medicar Ambulance of San Jose in September 1991 and the
accessible ... an contract w.as assigned to Medicar. The current contractO(S have
demonstrated the ability to provide reliable. responsive. qua !ity services during the past
yeaf.
VII. FINANCIAL AND MANAGEMENT INFORMATION DATA
Cal Ticket Sa!es Procedure
The City of Palo Alto prints booklets of trip tickets and offers them fOr sale un a
monthly basis to enrollees. Tickets m~1' be purchased by mail or in person at the
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Revenue Collections office at Cit';' Kail. When a pfCt\Jram participant desires to
scheduie a trip, he or she caBs the taxi or var, company directly. At [he end of the
ride. the driver completes a trip vou~~er showing the date and tima of th~ trip, pick·up
and destination points, meter fare. number of riders ttans~orted. The enrorie-e verities
the fare, countoersigns the vou::;/rer, and gi ..... es the drIver the appropriate number of
Projm;;t Mobility trip tickets according to the program's fare st~ucture (see discussion
on page :2.).
At the end of each 2~w.eel( bill1f19 period, each s3rvlce contractor turns in al1 trip
vouctlers for raimbur3ement by the City. The City audits the invoices and reimburses
the company according to the rates establish'Jd in the service conuact.
(b} Coordination Efforts
As discussed in Section II. City st.atf wi I; continue working on coordinatic" issues
throlJ£h the pee and with Transportation Agency staff to explore the mechanisms for
better inter-counry coordination in the context of the phased implementation of the
County ADA F'aratfl:mslt Plan.
ee) AccQunting Procedures
j"he Revenue Collections offics maintains a r{!cord of eaen enrollee's ticket purchases.
The date o'~ each sale and the serIal number of eacn ticket book are recorded on the
enrollee's record card.
The proqram's financial l'8cords are documented in the ciry's computerized
Management Information System (MIS] financ·ill data base. Staff has on-line access
to the MIS system and therefore can track revenue end expenditures on an as needed
basis. Palo Alto fonows the accepted "accrual :'as;5· of accounting for tracktng
revenues and expenditures. Revenues from the sa!es of Project MobilitV tickets are
tabulated .and entered into the MIS system daily. Farebo)( reV~{1ue is counted as trip
tick.ets are redeemed (i.e .. tickets that are turned in to the driver when the trip is
taken), not when they are soid. The fare box r~venue is calculated bV tabulsting the
actual number of trip tickets submitted to the City by the taxi and van companJes with
their bi-weekJy 0:' monthly invoices.
Id) l.2£ll1 Malen
The anached budget indudes $7,500 in locaf match revenues from the Palo Alto
Senior Coordinating Council which corresporrds to thE value of the services {staff hours
and benefits) provided by the P;.!lo Alto Senior C&mer for Froject Mobility enrollee
intake.
(e) Special Contract Pares
Not applicable.
VIII. PLANNING & ADMINISTRA'ION.
Not applicable for TDA/STA appricants.
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IX, DESCRIF'TION OF UNMET NEED
{a) Program History
Project Mobility began as an experimerna: City-funded program in FY 1974 with tl'e
purpose ot providing transportatiDn tor mobility-;mpeired seniors. At that time, it W6S
anticipated that the SeCTD Dial~A·Ride buses would not effectively me.et the needs
of the handicapped. in 1975 the program was e)(tended to all mabiUty impaired adults,
1 S years of age and older. 1n 1390 PelQ AltO changed the enrolime"rlt criteria to extend
service to arl disab!ed regardless of C!Qe. The fiscal audit for 1991 ·92 revealec that
Palo Afro was not in full compliance with the TOA statutes requirtng that service be
avai\abl'3 to non-residents.. "The City has asked that ttlis issue be addressed through
the regional F'aratrans,t Coordinating CounciL
Cb i Unmet Need
The p:tJblic transit system has not bEer! able to meet the needs of Palo Aito's mobility
imparre<'. Although the majority of Courtty Trar1s.it bus routes in Palo Alto are fu11y
accessible and equipped ...... ith lifts for the wheelchair bound, fjxed route service cannot
S"JfVe those who are unable to waik to and from the bus stops. The January 1993 ten
percent reductio" tn COU!1ty Transit service has fu~h.er curtailed transit OptiOf1S for
many Palo AJto residents. Grven the present financial outlook fOf County Transit, it is
eXP'8(:ted that further reductions in existfng transit seivice wilJ exacerbate this
situation. For persons requir~ng wheefchatf lift servicBs, affOldabje tl'ansportation is
very Ifmited.
Only 8 few socral service agencies in Pelo Alto {Palo Alto Scnior Center, Self Help
Center .. SenitH" Day Health Program) provide dOOf·tO..(jOOf fc.t their own ·program" trips.
The Am erican Red Cross !estricti their transportation sa rvic e to medical apporntm ents,
but does not offer wheelchair accessible service.
Project Mobility is the only local rar3trans!t prOg!ram that offers low cost, ~eneral
pUfpose, door·to·cJoor para transit service ...... hich participants can ~se to meet any ot
their transportation needs within the Palo Alto·Stanford· Menlo Pal'k·Mcuntain View
area. rt is arso the onlv program to oHer 1·day-a-week.. 24 hour-a--day servi-:e. The
program provides cost-effective transportation with greater flexibility and convenience
for the rider &oar. other prescheduled services in the community.
te) Integration with Transit
Id)
R.efer te Section 11, Service Coordination, page 2.
Target Pgpu:at~Qn
Project Mobi!lty is des~gned to serve -:::hose ind1viduals in [he community wno are
"'mobility impair-ec1· and who. due to limited inc.ome. cannot afford the high cost 01
pfivate taxicab or ambulance service. The 19.90 census showed that Palo Alto had a
higher pl'Oportion of the countywide elde;l..,. and households without automobiles than
the City's share of th~ total population would normally indicate:
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Docwment E
'990 Census Data
T otaf Popula Don
Persons age 65+
PEirson! with a Work disability
tlr Mobility Umitation
Housing Units without Autos
Santi! Cial-;a
~oul1t.,..
1,49,,577
128,846
18,254
27,326
City of
f£1!2.A lto
55,900
8,547
4,017
, .455
Paio Aito as
~9_LC __ Q1!.Qty .
3.73~'
6.63%
3.39%
5.32%
Page 1
Currently, there ar~ approximately 1025 particip:;tnts using the Project Mobility
program. Of these, ave'!' 7S ind: .... idl:afs are non-ambulatory and qualify for
wheelchair-accessible 'Ian service.
Ie) Eligibility Screening
In the past, eTigibi;ity in the program is based on (1) residency within the geograp/"lic
service arsa. aM 12} mObility impairment. In the 1991-92 fiscal eudlt tssued in
December 1992 by Coopers and Lybrand, Pato Alto's independent audita., staff was
made aware that the Project Mobility program was not in compliance with Section
6687 Cn) of the TDA Statutes which p(ohib'ts TDA-funded paratransft service o~rators
from requiring a person to be a resi~ent of their service area to be eligib10g for the
service.
Palo Afto has partially comp~ed with this requirement in the past to the extent that
persol'lS visiting Palo Alta Of living in Para Alto tEmporarify have been eligible for
service. -Given the finding af the audit, Palo Alto wi!1 comply fully with this. re~ulation.
Any person, regardless ot his or h€r prace of residence. and who would otherwise
qualify for eNollmr;lnt bas")d on a disabilJty. will be enrolled. Such persons will need
to comply with the seNice area !imitatiollS porici-es hi effect for Pale. AftoJStCinford
ros1dents.
Each prospective enrollee is screened during a personal interview by staff of the Palo
Alto Senior Coordinating Council. The Senior Center's social workers also make hcu£e
cans for those prospective enrollees who are unable to cravel to the Senior Center. If
there is-a question of mobility impairment. a doctor's statement may be required. Each
person's eligibility is reviewed annL.;a!ly.
The primary means by which the program controls operating expenditures and demand
for service is by the allocation of monthly trip tickets. The number of tickets sold to
riders may increase or decrease dep€ndin~ upon ridership !eve's during the course of
the year. During 1993·94 demand wil1 not e)o.ceed the systsm capacity or the
'Program budget.
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Claimant: CI1''t OF PAr-O ALTO
~Oet T~t&l o! ~Ll Mc~eQ
I'r.A ARTICLE' 4. '5 A,'nit-HI.!. REPO?.!
f'{ 1993-94 D1I.TE PR£PAREC: OS/I!3/93
-------------------------------------------------------------------------------------
OPERATING EXPENSES
COliTAACTEC SERYIC-':;S
1. AdminL.tr&tlon
2. O'p<!IIrAtl.on8
3. Kail"lt.nanc8
4. SVBTOTAt CONTRACT EXPENSES
NOH-COKTRACT EXPENSES
5. Admir..tl5tz:a:tion
6. It& in-t.anance
,~ FUel ~ ~ubrie.ncs
8. Vehlcle Le •• e Cost.
9. caeualty , Liability
10. contrtbuted Services
11. other Operati~g Costa
12. sUBTOTAL Non-Contract Expen.es
13. TOTAL OFERATING EXPENSE$
OPERATING REVF!iUES
14~ Pa.senger Fare.
15. Speeial Tran~it Fares
16. COntributed Serviees
11. l.OCill Mat ch Othar
18 SUBTOTAL LOCal MAtch
19. ~A/STA qr.nt!
404 Interest O~ TDA Allocation.
21. oto .... , ___ _
23. Ntr BALANCE
OrERJo.rING DATA
24. Total Pas.enger Trip!
~5. Lift-Assisted Trip~
126. S~arQd T~ips
(27. P4rc~nt Sh.r&Q Trip~
28 Number of o-nlalB
294 R89i~ered Participants
304 Passenger Kiles
31. Revenue Vehicle Hiles
32. Revenue Vehicle Hours
33. Av. "umber Vehicle. in Service
34. Total Vehicle Trip.
35. Pa!lsenger/Revenue Vun;,cle Mile
36. passenger/Revenue Vehicle Hour
37 co_t/Pa •• enger Trip
1
39: COst/Revenue Vehicle Sour
394 Cost/Revenue Vehicle Hile
1
42. PerceTIt Local match
4J. Ave~age Fa~e Per P.Bsen9~r Trip
1
!4.. Fa.rebox/Local Mat.ch Reco~'ery
Other mea.sures not applicable
Paat Act~al I P~ojecCed I pr~posed lone Year
FY 91-3;2 FY S::-93 FX' 93-504 I Pro~ected
------------------------1------------
121,790
$127.780
$11,321
1,400
24,1:21
$152,501
21,641
'.400
29.041
154,1j37
$3'0,577
15,551
1,151
3,15D
20._2\
l~OOO
S9~142
53,611
14.006
0.29
$9.79
5:2 .84
19'
51. J9
0.1'1
$167.946
S21J~790
1.500
:28,290
1.500
36,4DO
159,836
1?2,551
$172,651
i,SOO
$201,508
27.380
7,500
$195,236 r 5101,508
·····'···;~·I:<······';~·
19,320 I 18~253
1,6QO L50Q
3,934 3~350
20.U 18.41.
1,050 1,OSO
81,684 77.1J9(l
13,490 70.016
17,353 16,578
0.26 0.26
510,16 Sl1.04
$2.57 $2.88
19\ 11\
$1.50 $1.50
Q .1'9 0.1"7
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Claimant: CITY or PALO Al.TO
MODE: Taxicab
FY 199"3 -94 DATE PP£PAru:~: 05/lSj9J
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I
iQPERATING EXPENSES
coNTRACTED S~}l:VICES
1. ~~~Lnistration
2. Ope.rations
3. Haintanance
4. stTS'I."OTAL CON'l'RACT EXPEN S ES
HoM~CO~~CT EXPENSES
5~ Administration
Ii. K .. inten&l1ce
I
1. ~.l G Lubric~ts
8. Ve~icle La ••• Coste
9. ca_ualty ~ Liability
10. contriblJted. Services
11. other Operating Costs
12. SUBTOTAL Non-COnt.r~ct Expen39S
13. TOTAL OFERAT!NG EXPENSES
OPERATING REVENUES
14. Pa,BBnqer Fares
15. 5peei~~ ~ranzit r~r€~
lei. COntributed Service.
17. Local Hatch other
IS SttS'l'OTAL Local .K&tch
19. rD1I/S'l'A qranta
20. Inter.at on TD~ Allocations
,21. other: ____ _
22. TOTAL OP!AA'l'ING REVENUES
23. lfI"l' BALANCE
OPERA'l'ING DATA
24. Total Pa&&Boger Trips
25. Lift-Assiated Tripe
26. Sh~red Tr~pB
2i. P~rcent shar~ Trips
28 Number ot 08n1a18
29. ~e9iaterad Part~eipant8
Je. Passenger Hiles
31. Revenue Vehicle Miles
32. Revenue Vehicle Hcu~s
33. ~v. Number Vehicles in service
34. Total Vehicle Tripe
35. P4ssenger/Revenue Vehi~le Mile
36. Passenger/Revenue Vehicle Hour
31. cost/Passenger Trip
38. Cost/Revenue Vehicle HO·-lr
39. Coet/Pevenue Vehicle Mile
42. Percent Local matcb
4J.
<4.
•
Avec&ge F&re Per Passenger Trip
rarebo~/Lo~al Katch Reco~ery
other measures not ap?licable
i>.&a't 1,ct.\,lal
F'l n-n
10:,879
$10:1..879
SIS,999
6,800
22,799
$12-4,678
6,800
25,607
12J,14S
::'4,420
J,140
21. 8'
'50
53,606
47,"170
12,850
Q.30
S8.6S
S2.61
21\
$1. 31
C.21
PrC}-e.ct..;o,d
fY 92-93
132,746
$13:2:,746
S19,12i
6,900
26,027
$156,773
5,900
33,400
l'.5,3i3
SiSS,773
so
11,-::00
3,S:l4
22+0\
.75
73,584
E, 5 ~ 49 0
15,75J
{). :n
$'::"0.16
S2.42
21\
$.!.:'O
0.21 I
I
Prot>06ed One Ye~r
FY 93-94 Projec~ed
13';.j,050
$139,050
$.15,6113
6 .. 900
205,516
$165,5613
6,900
32,029
133,539
16,75J I
3,350
20.0\
15,078
0.26
$";;. Be
$2.61
19.
$1-50
0.19
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c.l&im~nt= CI7Y OF P~LO ALTO
HOOE: Acces9~p:~ Va~
Tel.a. I'I.P.1'ICt,.E 4. 5 ANN~Jo.:, REPORT
F"i 19!tJ-94 OATE PR£PARZD: QS/lgj9)
~.-----------~-------------------------------------------------------------------------
OP!RATI~G EXPENSES
OO~CTtD S£RVICES
1. Admini&tratio~
:2. Operat ionlll
~. lC .. intenan-=_
,~ S~AL CONTRACT EXPENSES
NOH-CO~C7 kXP%NSES
5. Administration
iii. Maintenance
7. Fuel ~ Lubricants
B. Vehicle Leaa. Costa
9. casual~y • Liability
lO~ COntributed S~~i~e.
11. other Operating ccf;t;s
12. SUBTOTAL "on-C~ntr.et Expen8es
13. TOTAL OPERATING ET-PBNSES
OPERATI zqG REV!:NUE 5
14. pa.senger Farea
15. s~lal Tr&nsit Fares
lE. contributed Servieea
11. Local Match Ot;her
18 SOBt'O':'AL t.o<;:al .. ..at.eb
19. 'l'DA/nA qr&llt.
20. lnt.r •• t on TDA ~llcc&tion. :2.1. othar: ___ _
2:;1. TOTAL OP!MTING P.BVENUZS
23. NET :aA!.ANC!'
OPEMTING DATA
24. Total PaeSioilnger Trips
25. Lift-Assisted Trip~
26. Sh~red T~ips
47. Percent Shared Tripe
28 Number of Oenia!.
29. Registered ParticLpant.
30~ P.5&~nge1 Kile.
3l~ Revenue Vehicle Hiles
32~ Revenl'e Vehi-:le HouriJ
33. Av. Numb@r Vehicl •• in s~rvice
34. Total Vehicle tr~p~
35. Faasenger/Revenue V.hicl, Hile
36, P.ssenger/Revenua Vehicle aOYC
Ji. coat/Passenger Trip
38~ co.at./Rev~m\Je Vehicle Hour
J9~ CoSt/Revenue Vehicle Mile
!!~:
••• .
Perce~t Local ~atch
Average Fare Per Passenger Trip
Fllret,ox/Loc.a.l Match Recovery
other measures no~ applicable
I Pa8t Act"",Jl
F'i '31-9:(
15,901
$25,901
S 1. 321
35,200
!i()0 500
1,921 2,:25J
$2',8 22 53i,463 ••.......... , .....•....•.
1,833 I :;l,400
.sOQ 6DO
.2,433
JO,892
$3.3,3.25
55,503
1,161
1,161
10
0.9'
60
5,S59
S,933
1,156
0.20
S:.!3.96
S4.69 .,
51. 58
0.09
J,OOO
.34,46J
$31,<163
so
1,620
1,600
40
2.5\
75
6,100
B,OOO
1 ~ 'SOD
D.2Q
523.13
$4.68 . ,
S"l. 48
O.O~
33,60Q
533,600
$1,140
600
------~:~~~_I ______ ----
$35,940
600
2,8S1
~3.089
SJS,940
so
1,500
1,5UO
o
0.0%
1,500
o .Z2
523.95
SS.37 •• S!. 5D
0.08
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ARTIaE • API'LICA nONS
ARTIa.£ 4.S API'lICA nONS
ARTIa.E 8 ntANSIT APPlICA nONS
DOCUMENT G(a): ESTIMATED REVENUES AND EXPENDITURES
PRIOR YEAR BUDGET YEAR
FY 1292-2J FY 1991-94
TOrAL EXPENDnUJIES
Tela! 0peraIlng Expense: $ :~6 I~J~ $ '01 508
Tctal CapiI2J Expense:
Other
Pxpe!Kfin'rc:5 I
O!ber
E.~Jres·
SysemToI2l $ 196,236 S 2Qi I !lOa
TOrAL IIIM!NtlJl5 (Spcdfy Source)
F .... 28.20Q ZZ J3Q
Other ClpcrmIns Revenues
Peden!
LocI!
IlI-=: PALO ALTO SENIoa CENTER 7.500 71~QQ
SCCTA: TDA/STA EQt1IVALENT 159.836 166,628
Tctal ReYmues $ 196.236 $ 20t 1508
Ezr:ess (Deficit) of Revenues
Over E.."Q>M'1iU.rc5 -$ -o-S -0-
Pria&N.,.
Pi '''''''roC-''-D, h"C ~v ,~
T"-
• "O!heT _dituros" iociudes subsidies for commuter rail scrvi=. .. If acess non 'IDAIST A revenuos Onclo ding toc.J m:.tch revenues) are identified.
appIi= should also complete Document G(b~. Excess 'IDA funds in the prior
year must be returned to the Lool To=sporution Fund (lIT).
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ClTY OF PALO At TO
SUPPLEMENTAL ADA PARATRANSIT SERVICES FOR 1993-94
PROPOSED Bt;OGIIT AND SCOPE OF WORY.
I. PURPOSE
The City ot PalQ Alto will use funds provided by Sa~ta Clara County /(6nslt District to
supplement the TOA--equivalent budget fef' peratransit services offElred b,:, the City through the
Project Mobility proqram to increase the basic number of trips offered to enrollEes each
month.
I!. gRVICES TO BE PROViDED
During ttl'!;! last seven months of i 992-93. the City increased the basic nurr.ber of trips offered
to Project Mobility ervollees from' 0 to , 4 rides per month. The SCCTD provided up to
$37,150 in supplemental funding for this purpose. While chis funding will not be fully utilized
in 1992~93, the higher level of ticket sales resulted in trip voiumes that would equate to
, 9,500 trips on an annuBfized basis_
This proposal requo£!v-s that the SCCTD increase their ADA suppfementa! funding to increase
trip iimits in 1993-94to 1 E5 trips (trips tickets) per month. The requested ADA funding would
bring Palo Alto's service levsl in ~ne y,ith other parauansit operators in the county, who
currentty offer base trips limits fo.-general trips at 16 trips (2 round-trips per week)_ Palo Alto
currently affe!'s up to 24 mps pel" mooth to( urgent medica! and fife-sustaining needs rd~alysrs,
chemotherapy~ etc.). The progl"am already exceeds the ADA minimum hours of service by
offering 7 day B week. 24 hour a day service. One day advance notice is required, although
same day requests are accommodated whenever possible. The following table illustrates the
costs at the increased service level and the highlights of the cement and proposed ADA
bwd'g e t_
TDA Budget Required Budget Proposed
FY 1 ~tl~--g4 fQ! 1 6 tril2:=!lmoDth ADA Budget
Passenger Trips
Ta,a Trips 16,753 20,700 3.947
Van Trips 1.500 1,725 225
TOTAL TRIPS 18,253 22,425 4.172
Contract hpense $172.651 1210.450 $37.799
Non-Contract Expense $28.857 $30.990 $2.133
TOTAl EXPENSe $201,508 $241,440 $39.932
Passenger Fares/t.ocal Match $34,880 $41.138 $6.258
A DA Funds from SeCT A $166.628 $200.302 $33,674
TDT.4L REVENUE $201.508 $241,440 $39.932
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ADA Faratr.1nslt Budget
Scope of Work
Page 2
As was the case in T 992-93, Palo Alto wi!! change air c:ppropr~ate monthly COStS fCif' Project
Mobility seNicE'ts .against the program's TDA b<.Jdget. Quarterly cost::!i for the suppiemente!
ADA services in B)(Cf'SS of the adopted bas~ budg&t will be l:haiged against the ADA budget.
MonthlV flLlCtuations in. the monthly COStS charged to ADA services a~e anticipated.
rtI. ADA ELlGIB1LlTY SCREENING
The propoced budget does not include .any e;qraordir.ary costs. for implementat:on of the
regionaf erigibjrtty screening of ell current or future Project Mobility en(oMees. Should the City
be required to imp1'ement the regional eligibilitv screening program prior to ttle incorporation
of the Proj6ct Mobility service area by the patatransit broker. supplemelital funding wourd be
requested.
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Claimdr.t~ CITt OF PALO ALTO
MOD!: Total of ~ll Modv~
'IDA APTICLE .:.. 5 kl'<Ntl~~ P.EPOR!
n 199J-9~ DA.TE PREP':';>.1-:0: 05/19;33
--------------------------------------------------------.----------------------------
jOPERATING EXPENSES
CON~CTED SERV!C~S
1. Adminietratlon
2. Operation.s
3. lU.intenance
4. TOTAL CONTlV\.C'I' EXPENSES
NON-OONTRACT EXPENSES
S. Adminietration
6. Kaintenance
7_ Fuel , Lubricznte
8. Vehicle Le •• e costa
9. Casualty , Liability
10. Cont.rib,~t~d senicea
11. other Operating ExpenBes
12. ~AL Non-Contr~~t Expenses
13. TOT~ OPERATING EXPENSES
OPERATING ~JENUES
14. Passenger Tare!
15. spacial Traneit Fares
Ui. COntributed Servi;:e.s
17. Local Hat eb other (SCCTD)
18. S'ttB'I"O'tAL Local Katch
19. TtrA/S'tA. qr&nt&
20. Intare.t 00 TDA Allocations :2.1. other: ___ _
:il:il. TO"I'Al. OPERATING REVENUES
2 3. NET u.tANCE
CP~TING OATA.
24. Total Passenger Trips
25. Lift-As8lB~~ ~ripa
26. Shared Trips
27. Percent Shared ~rips
28 Nwnber of Danials
29. Regleterad Participant&
30. Passenger Miles
31. Revenue Vehicle Hiles
32. Revenue Vehicle Houzs
33. Av. Number Vehicles in Servic~
34. ~otal Vehicle T~ip.
35. Pal!!lslltngE!r/~evenu.e V·:ilhicl@ Mile t
35~ P&S8enger/RevQn~a V@hi~le Rour
31. CcBt/passenger Trip
38. Cost/Revenue Vehicle Hour
39. COst/Reven~e Vehicle Mile
42. Percent Local ~tch
43. Avera9~ Fare Per Passenger Trip
44. Fa~~box/Local Match R@covery
Other measures not applicable
Sa!l5e
TOA BlJdge':.
------;------
S:ll,JS7
1, SOO
... ;;~~;;~;. ···········-I····;;;~;;;·
~~~:Z~::533~!=~:~~:=-~:~= :=~:=~~=_~ __
>',J80 I I
7,sOa I
34~&8a
Hi6,6~6
$201,508
6,258
33,674
39,932.
$.39,932
so
•••••• = ••••• ,._ ••••••• ;;=
4,172
:;15
376
5.0\
16, ~5J
1,5QO
:3,350
le.4'
1,050
77,090
70,016
N.
" Hi,57S
C.26
Sll.O~
S2.S8
17\
S1. 50
0.1 "l
1,050
16,611
1"5,920
3,984
0.:25
S9.57
$2.51
100\
$1. 50
1. 00 I
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May 2:0, 1993
Mr. Martin DeNero
Accessible Services Manager
Santa Clara county Transportation Agency
3331 North First Street
San Jose, CA 95134-1906
Mr .. DeNaro:
Enclosed is Palo Alto's revised application [or funding of
~~e City's paratransit program by the Santa Clara county
Transportation Agency in 1993-94. '!he application is
constructed in two parts:
1. Document E -the request for funding based on
the TDA allocation of $166,628, the amount
recommended by the Paratransit CoorcHnating
Council using th~ pee's adopted allocation
formula. The total program budget for 1993-94
is $201,508, a 2.7% increase over the 1992-:;,,)
budget.
2 . ADA Budget -the requested funding of $33,674
will be u~ed to expand services pursuant to the
ADA Paratransit Plan. The basic trio limits are
proposed to increase from 14 to 16 trips per
month ..
If you have ani' questions about the er.closed materials or
require additional information reqardinq this claim,. please
call me at (415) 329-2136.
Sincerely,.
/~Lf;l~UJ
GA'iLE EIKENS
Senior Planner
Enclosures
250Ha:ru1lmAvenue
P.o. !lox 1ll:5J
PaJoAlto.CA90J3
4IS.-'!29.2"2£l
415..l2'U299F.u.
U·: .::~'; .. r-. -, ~·/'i.:·
____ _.,,:,,-~ ., ";''""f'';''',.,.:.,..,-<_
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EXHIBIT C
COMPgNSATI0N INVOICING AND PAY~ENT
I. Budget
A. The DISTRICT and CON1'RACTOP. agcee ti'1at the total c0mpensation
for the Agreement shall be in two patl~~ as full consideration fer
the satisfactory perfo'rmance by the CONTRACTOP. of the services set
forth in the Agre~ment, as follows:
Part 1: not to exceed $166,528;
Fart 2: not to exceed $33.674;
If Services under this Agreement can be completed for less than
this amount, CONTRACTOR shall be paid such lesser amount.
II. Sehedule of Required Reports
A. CONTRA.CTOR shall submit reports as scheduled bela .... · and as
specified in Article 10 of this Agreement according to the
schedule, in two parts, as follows:
November 1, 1993
February 1, 1994.
May 1, 1994
August 1, 1994
III. Fayment
P.-epo r t on J\.Il y 1, 1993 t.h rough
Sept-embe [ 30, 1993 Se [vice s
Repo:t en October 1, 1993 through
December 31, 1993 Service!
Report on January 1, 1994 through
March 30 p 1994 Se~vices
Report on April I, 1994 through
J~ne 30, 1~94 Services
A. Part 1: Funds transfer-ced under-this Agreement for the TDAjS'TP-.
program shall be disburs~d on a quarterly basis, upon quarterly
inv~ice from CONTRACTOR. One-fourth of the $166,628 fund transfer
shall be disbursed on or about the twenty-fifth day of July 1993,
and on or gbout the tenth day of October 1993; January 1,94 and
April 1994, respectively.
B. Part 2: The total co~pensation will be evenly divided into
twelve payments of $2,806.16, upon monthly invoice from CONTRACTOR.
The first payment will be made i~ advance on ar about the
twenty-fifth day of the month of origination of Services set forth
in the Agteement. The remaining eleven payments will be made in
advance on or about the tenth day of each month that Services are
performed as set forth in this Agreement, upon monthly invoice from
CONTRACTOR.
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8. Payme:"lts scheduled for NovEmber 1993. Februaqr 1994 and May
1994 and each succeeding payment are contingent upon the DISTRICT
receiving I ?orts from the CONTRACTOR as specified in .Article 10 of
this AgreeL, .. nt and as scheduled above in Exhihit C, Section II,
Schedule of Required ~eports.
lV. ~econciliation
A. Upon receipt of the certified audit as specified in Atticle 8,
D!ST~ICT Yill make a final adjustment of payments made by DISTRICT
t'O COtlTRACTOR, oased on de termi nab on of expendi tur-t!'s in the audi t,
for Services performed foc this Agreement.
B. Pursuant to provisions of this Agreement, total compensation
for the A9reement shall not exceed $166,628 foe Part 1 and $33.614
for Part 2 and if the audit determines that Services under this
A.greement 'W~re completed by CONTFACTOR for a lessor amount than
DISTRICT paid to CONTRACTOR, CONTRACTOR shall reimburse the
D!STRICT the full amount of the excess payments made to ~ONTRACTOR.
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NAME OF FI PM.
Subcontractor
1. Merit Taxi
2. ~edicar Ambulance
3.
4.
5.
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E}'~HI8IT D
KEY PERSONNEL
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TYPE 0 r Btl S I NESS
Taxicat. Co.
AccE65ible Van Co.
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INDEMNITY
EXHIBIT E
INDEMNIFICATION AND INSURANCE
The CONTRACTOR shall ind€mr.ify, defend, and hold harolE'ss the
county of santa Clara (h~teinaiter COUNTY) and DISTRICT,
their officers, agents and e~ployee$ from any loss,
liability, claim, injury or ca~age arising out of, or in
conn~ction with performance of this Agceement by CONTRACTOR
and/or its agents, employees or sub-ccntractors, excepting
only loss, injury or damage caused so161y by the acts Q[
omissions of personn~l employed by the COUNTY and/or
DISTRICT. It is the intent of the parties to this Agreement
to provide the broadest possible coverage for the COUNTY and
DISTRICT. The CONTRACTOR shall reimburse the COUNTY and
DISTRICT for ~11 costs~ attorneys' fees, expens~s and
liabilities incurred with respect to any litigation in which
the CONTRACTOR is obligated to indemnify~ defend and hold
ha!"mless the COUNTY and DISTRICT under this Ag[l2elllent.
INSURANCE
Without limiting the CONTRACTOR'S indemnification of the
COUNTY and DISTRICT, the CONTRACTO~ shall provide and
maintain at its own expense~ during toe term of this
Agreement, cr as may be further required herein, the
following insurance coverages and provisions:
A. Evidence of COVeta9!
Prior to commencement of this Agreement. the Contractor
shall provide en th~ DISTRICTS own form or a form ~pproved by
the COUNTY'S Insurance Manager an original plus one copy of a
Certificate of Insurance certifying that cove~age as required
herein has been obtained and remains in force IO: the period
required by the Agreement. The DISTRICT'S Special
Endorsement form shall accol!lpany the certificate. Individual
endorsemen~s executed by the insuran~e 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 provided by
the CONTP~CTOR upon request~
This verification of coverage shall be sent to the
address as shown on the DISTRICT'S Cectificate of Insurance
for~~ The CONTRACTOR shall not receive a Notice to Proceed
with the work under the Agreement until it has obtained all
insurance required and such insurance has been approved by
the COUNTY and DISTFICT. This approval of insu[ance shall
neither relieve nor decrease the liability of the CONTRACTOR.
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EXSIHIT E (cont.)
B. NOTICE OF CAN_SEI:.LATION OR _~.:.-EDiJCTION OF _!::_OVEfI.A_~E
All policies shall contain a special provision for
thirty (30) days prior written notice of any cancellation or
ceduction in coverage to be sent tc the ~~dress shown cn the
Certificate of Insurance.
c. .9ua1..!.fying Insurers
All policies shall be issued by companies which hold a
current policy holder's alphabetic and financial si~e
category ratin9 of not less that A X, according to the Best's
Key Rating Guide, unless otherwise approved by th~ COUNTY~S
Insurance Ma~ager.
D~ Insurance Required
1. Co:nprehensive General Liabi . .!..!.!L)nsl.lr.a.li:.ce -for bodily
injury ( lncludlng death) anoproperty aamage-wnich provides
li~it$ of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurre~ce.
OR
2. Commercial General Liabilitv Insurance -for bodily
injury",TnCIudTng death} and proper-ty damage which provides
limits as follaws~
a. General limit per occurrence -Sl,OOOiOOG
b. General limit aggregate
c. Personal Illjury limit -$l,OCO,COO
If coverage is prov~ded under a Commercial General
Liability Insurance form, the carrier shall p:ovide the
COUNTY Insurance Manager with a quarterly report of the
amount of aggregate limits expended to that date~ If over
50\ of the agg~e9ate limits have been paid or reserved, the
DISTRICT may require ~dditional coverage to be purchased by
the CONTRACTOR to restore the required limits.
3. For either type insurance, coverage shall include:
a. Premises and Operations
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EXHIBIT E (cont.)
b. Contractual Liability expressly including liability
assumed under thi5 Agreec ~t.
c. P~rsonal Injury LiabIlity ~ith deletion of
exclusions for !
1) liability assumed unc~r contract, and
2) suits brought by employees.
d. Independent Cont[actQr~s liability
e. Severability of Interest clause providing that the
cove~age applies separately to each insured except with
respect to the limits of liability.
44 For either type insurance, coverage shall include the
following endorsements, copies of which sha],l be provided to
the DISTRICT:
a. Additional Insured Endorsement:
Such insurance as is affotded by this policy shall
also apply to the COUNTY a~d DISTRICT; and members of the
Board of Su~ervisors 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 ~nd
collectively, as additional ins~reds~
b. Primary Insurance Endocsement:
Such endorSEment as is afforded by the additional
insured endorsement shall apply as primary insurance, and
other insorance maintained by the COUNTY and/or DISTRICT: its
officers, agents, and employees shall b~ excess only and not
contributing vith insurance ~rovided under this policy~
c. Notice of Cancellation or Change of Coverag~
Endorsement:
This policy may not be canceled nor the coverage
reduced by the Company without 30 days' prior ~ritten notice
of such ~ancellation or reduction in coverage to the COUNTY
and DISTRICT ~t the address shown or. the Certificate of
Insurance4
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EXHIBIT E -(cont.)
d. contractual Liacility E~doLsement:
This policy shall ppply to liability as~umed by the
insured under .ritt~n contract ~ith thp-DISTRICT.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal
Inju~y coverage, including deletion of the standard
exclusions for liability aS5umed under contract and suits
brought by employees.
f. Severability of Interest gndorsement:
The insurance aff~rded by this policy shall apply
separately to each insured who is seeking coverage or against
whom a claim is made or a suit is brought, except with
respect to the Comp~ny'5 limit of liability.
5. Claims Made Coverage -If coverage is wtitten on a
claims made basls~ the CErtificate of Insurance shall clearly
state 60 and evidence of coverage extending from the date of
execution of this Agreement. or from th~ date of the first
performance of Services, whicbever date is earlier, until
three (1) years from the date the work or services are
accepted as completed shall be included. The following
additional information shall be provid~d:
a. Defense coverage included in the limit (yes or no)
b. Aggregate limitation
-general aggregate
c. Retroactive date, which shall be no later than tha
date of execution of the Agreement or the date cf first
performance of S~rvices. whici\ever date is ea~lier
d. Length of time for extended reporting period
~. Limitations on invoking reporting period (if other
than non-payment)
f. Is "Notice of Circumstances" all~wed (yes ar no)
6. Comprehensi ve AutomobiIe/Ai rc raft;'Wate rc raft Liabi ~J __ ~.1'
~ __ J1:surance for bodlly lnjUry ( ~ncl\Jd~ng death) and property
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EXHIBIT E -(coot.)
damage which provides total limits of not l~ss than one
million dollars ($1,000,000) combin~1 single limit pet
occurrence applicable to all owned, nan-awned and hired
vehicles/aircraft/ .. atercraft. This cover3ge may be waived in
writing by DISTRICT if it determines that there is no
Gignificant exposu~~ to these risks.
f. workers" COlllpe:1SCltian arld E~E __ ' __ ~ Li~_bility
.;:nsur-ance tor:
a. Statutory California Worker" Compensation coverage
including ~ broad form ail-stat~s endorsement.
b. Employers Liability coverage for not less than one
million dollars ($1 /000,000) per occurrence for all employees
engaged in Services of operations. und-er this A9reem~nt.
c. Inclusion of the COUNTY and DIS~RICT and theie
governing boards, officers. representatives, agents. and
employees as additional insureds. or a waiver of subrogation.
8. Special Provisions
Th~ following provisions shall apply to thiS Agreement:
a. The foregoing requieements as to the types and
limits of insurance coverage to be maintained by the
CONTRACTOR and any approval of said insurance by the COUNTY.
DISTRICT or it~ insu~ance consultants are not intended to and
sh~ll not in any manner limit or qualify the liabilities and
obligations other-..... ise assumed by the CONTRACTOP, puesuant to
this Agreement, including but nDt limited to the provisions
concerning indemnification.
b. The DISTRICT acknowledges that some insurance
requirements contained in this Agreement may be fulfilled by
self-insurance on the part oi ;"i,e CONTRACTOR. Ho'Wevet l this
shall not in any way limit liabilities as£umed by the
CON~RACTOR under this Agreement. Any self-insut~nce shall be
approved in w~iting by the DISTRICT.
c. The DISTRICT reserves th~ right to withheld payments
to the CONTRACTOR in the event of material noncompliance with
the insurance requirements outlined above.
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