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HomeMy WebLinkAbout0346.093- ~, , , '.~,:, , .. :., 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 CMR:345:93 L -' - 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) (n CMR.:J46:9J L 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 $32,674 will be allocated from District funds, to increase the number of trips Project Mobility riders can take each month from 14 to 16 trips. 6117193 Page :2 ! f I f I - 'I'he purpose of this additiona.l fur,ding is to respond to the ADA ?aratransit Plan requirement that the Distric~ gradually fund targeted service impro'Veme:lts ir"l each community~ · ... here. service deficiencles ,'Wait lists, limited sel::vice hours, etc.) haVe been identified. Since Palo Al to aLready otfers seven d-1.y service and has no 'Wait list for enrollment, the highest priority !1eed is to increase the r.umber of t~ips offered to eligible riders. This funding will place Palo Alto's t.rip limits on a par 'With other paratransit programs in the County. The funding allocated ~nder this agreement ~ill allo~ the progra~ to offer a baseline level cf 19,320 passenger trips with the TDA­ base.d funding. and an additiollal 4 t 172 trips ..... ith the supplementary District funding. The District fundlS .. 111 be disbur$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 CMR:346:93 6/17/93 Page J L . ~'. " - 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. CMR: 346: 93 'L Transit of funds 6/17/93 Page 4 ·.··t .. .-J ~~. ...... 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 CMR:346:93 5/17/93 Page 5 - 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 .~ . ... ;,~, -' - 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. 1 9)(l6lc ~ 0r001Oi L .. -'-- \ " , ,-1 -:,~~~~~::{~':, .< [ c r. , ,. , , '. -- 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 -.'L Cl IT OP' f'ALO ALTO: MERIT TAXI AND LLMOUSINE By: ____________ _ Title: Tax Identification No.: --_._--------_ .. _---- 2 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: Of L 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 1 • ., .. ·i , , .. :.-~. ,_.-.>: i .--,. . -.':: . i - :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.: 2 i I ~ ! -' :-~/~~~:~,~jg · t:f~~F~!,~ ___ .. ' " .. '"" .... 1!.~;.#O'~,.,,_ - 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: 1 - 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 2 L 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. 3 L ?]: ..... ~ .. . "-- ~" ." -, -, '.. . .. ' •... 1<' --1 I ! - 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, 4 L ~ ... ". - 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 5 :."","': '.'.,' ..... l ~, .,' . ~ "-, '~ ~- '.--:-.-.:. .-.-1 . ." '-~ - ---------------------- 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 6 . ..,..., ... -..... . ', .. ,-. :"t " , - 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~ 7 L I j - 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 8 L ••••• . '.""'~ "~" '- f"_ .... _~ __ •• ,.. 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. 9 ' .•. ; - o 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 , . lQ District - . ~ .. -::1-· __ ~,.~.,._"""',..,..... __ " -'-' ."4":'," 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. L , .-' • i i ~ ----~------~--------------------------------.... -,l r ... · ",0. __ ---'-. Docum&nt E Page 2 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. L r " ;. i - '.r­ L -.:-,.--~>-""'-~. ".'" DocumMt E Page 3 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. L \ -, • , .. ---1 .-', t . t ~ Document E Page 4 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 ~-----.-- - < -. . ..J - Document c Page 5 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. L " . .,c.;tj ~. I ~ , ! Page 6 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: -------r- I L- ---- - 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. L -1.'. - "",. --'--" ,,-,",,-.~' ,", -'.-- 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 -------------------------------------------------------------------~------------------ L ; - Claimant: CITY or PALO Al.TO MODE: Taxicab FY 199"3 -94 DATE PP£PAru:~: 05/lSj9J ------.---------------------------------------------- ---------------.'--------------- 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 -------------------------------------------------------------------------------------- -, .•..•..• . ' -. , . . , .. ' .. ,--1 • - r ,._"........",._._-_. - 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 ----------~------------~-------------------------------------------------------------- L - 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). V-2l f r I I - 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 L • - : .. :'{.~i ;':'.'.0;. -;.:;.:.:'.-. "'~'; ;'" <:"',;,--': -: .. : ~~2'}J~;r .. ' ... ' - 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. L f· , . 1 i , I ! j 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 ._--------1 .......... \ ----------1 I ", .. ",:.""",,,,,,,,,,,..,,.1 -------_._---------------------------------------------------------------------------- L I' r ~;' .~ !" f 0 , , I • - 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'';''',.,.:.,..,-<_ f t ~, ~: - 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. .1 - 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 $33.614 for Part 2 and if the audit determines that Services under this A.greement 'W~re completed by CONTFACTOR for a lessor amount than DISTRICT paid to CONTRACTOR, CONTRACTOR shall reimburse the D!STRICT the full amount of the excess payments made to ~ONTRACTOR. ·;" NAME OF FI PM. Subcontractor 1. Merit Taxi 2. ~edicar Ambulance 3. 4. 5. . .. __ .•• _--- E}'~HI8IT D KEY PERSONNEL , • TYPE 0 r Btl S I NESS Taxicat. Co. AccE65ible Van Co. -'.0- r· -___ ..5 \ . - INDEMNITY EXHIBIT E INDEMNIFICATION AND INSURANCE The CONTRACTOR shall ind€mr.ify, defend, and hold harolE'ss the county of santa Clara (h~teinaiter COUNTY) and DISTRICT, their officers, agents and e~ployee$ 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. L , ." ";",:~ •. ":,,-" .. ,- - 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 , L 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 - 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 -~ .. ~ - - :r 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. , j .--'