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HomeMy WebLinkAboutStaff Report 5.B 01/25/2016DATE: TO: FROM: Agenda Item #5.B January 25, 2016 Honorable Mayor and Members of the City Council through City Manager Dan St. John, RASCE — Director, Public Works & Utilities Joe Rye — Transit Division Manager, Public Works & Utilities SUBJECT: Resolution Awarding a Three -Year Contract with C.A.R.E. Evaluators, Inc. for Americans with Disability Act (ADA) Paratransit Eligibility Determination Services and Authorizing the City Manager to Execute the Agreement RECOMMENDATION It is recommended that the City Council adopt a Resolution Awarding a Three -Year Contract with C.A.R.E. Evaluators, Inc. for Americans with Disability Act (ADA) Paratransit Eligibility Determination Services and Authorizing the City Manager to Execute the Agreement. BACKGROUND Since 2011, Petaluma has partnered with Santa Rosa CityBus and Sonoma County Transit to utilize the services of C.A.R.E. Evaluators, Inc. (C.A.R.E.) to assess the eligibility of new ADA applicants to Petaluma Paratransit. Because paratransit is an extremely expensive service to provide, it is critical to ensure that only those who are fully qualified under the definitions for paratransit eligibility as determined by the ADA and the Federal Transit Administration (FTA) are allowed to use the service. The City has utilized C.A.R.E. in this intake role since 2011 under a joint procurement led by the City of Santa Rosa. C.A.R.E conducts eligibility assessments every Wednesday at the Petaluma Community Center. The disabilities that prevent an applicant from using the fixed route Petaluma Transit system are assessed. If the applicant is determined eligible, a Petaluma Paratransit ID card is issued. Applicants may arrange their own transportation to the Community Center, or may be transported via Petaluma Paratransit at no charge. The interview may include a "transit walk ", where applicants walk out to the bus stop with C.A.R.E evaluating their ability to safely access the bus stop including crossing streets, boarding the fixed route buses, and other necessary riding skills. The current three -year contract with C.A.R.E. Evaluators, Inc. was extended by 6 months in June 2015 to allow the Cities of Santa Rosa and Petaluma time to conduct a Request For Proposals (RFP) process. Sonoma County Transit opted out of participation because they are bringing ADA evaluations back in -house and will only utilize C.A.R.E. for software and occasional interviews. DISCUSSION C.A.R.E. Evaluators, Inc. submitted the only proposal in response to the 2015 RFP issued by City of Santa Rosa. Their proposed fees have increased significantly over their last contract for each of the next three years, as shown in the cost proposal (Attachment 2). The proposed year one rate of $43,798 represents an estimated cost of $175 per evaluation, which is an increase of 211% over the average rate of $56 per evaluation paid to date. Much of the public transit industry in the United States has migrated to this "face to face" ADA eligibility model to improve quality and control costs by limiting use of expensive paratransit services to those who truly need the service. With even a highly productive paratransit service like Petaluma Paratransit, the agency cost per rider easily exceeds $30 per trip whereas the same trip on fixed route costs the City around $3 per trip. With this dramatic difference in cost per trip, and the lack of additional operating funding to cover paratransit costs, transit agencies need to ensure that only those whose disability truly prevents them from using the fixed route service at least some of the time are certified to utilize paratransit. Having a face -to -face interview during the evaluation process benefits the transit system by: • Personalizing the process, this allows staff to get to know the applicants. • Deterring those who may not be qualified reserves the service for those who are qualified. • Issuing the applicant an ID card, allowing free travel on the fixed route to those who can use fixed route for some of their travel. Since January 2013, a total of 667 applicants have been interviewed out of 762 applications, with 65% approved as unrestricted and 13 approved with restrictions. Only 14 clients were denied and immediately referred to Petaluma Transit's Travel Training program for lessons on using the fixed route system. These denials would have been difficult to determine without face -to -face interviews. Approximately 20% of potential customers who initiated the program did not end up completing the ADA application process. It is believed that this is an indicator of the self - policing effect that a face -to -face evaluation has during the application process. A summary of the ADA Paratransit eligibility process is summarized below: ADA Paratransit Applications: 1/1/2013 — 11/19/2015 Approval Status Total Percentage Conditional 23 3.02% Denied 14 1.84% Incomplete 151 19.82% Temporary 67 8.79% Trip -By -Trip 10 1.31% Unrestricted 497 65.22% Grand Total 762 100.00% 2 Since August 2014, applicants who are eligible for paratransit are also permitted to travel on the fixed route system free of charge by showing their Paratransit ID cards. In the past year, 7,121 free trips on fixed route have been provided to paratransit patrons, which represent a cost savings of over $192,000 to the City when compared to the same number of paratransit trips. The annual cost of the evaluation process is 23% of this estimated savings. This item was discussed by the Transit Advisory Committee (TAC) at their December 3, 2015 meeting and the TAC recommends that City Council award this contract as proposed. FINANCIAL IMPACTS The new contract pricing is projected to increase annual costs of ADA evaluations by approximately $30,000 compared to services in FYI 5. However, continuing to provide face -to- face evaluations that assure that only eligible persons are allowed to utilize Petaluma Paratransit will save more than that amount in deferred Paratransit trips. The funds for this agreement are contained in Petaluma Paratransit's operating budget for FYI 6. ATTACHMENTS 1. Resolution 2. Professional Services Agreement 3 RESOLUTION AWARDING A THREE YEAR CONTRACT TO C.A.R.E. EVALUATORS, INC. FOR AMERICANS WITH DISABILITIES ACT PARATRANSIT ELIGIBILITY DETERMINATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Petaluma strives to provide a high quality fixed route and paratransit services to the community while being constrained by limited operating funds, making efficiency critical to the sustainability of Petaluma Transit; and WHEREAS, the regional transportation planning agency for the Bay Area, the Metropolitan Transportation Commission (MTC), encourages the independent transit agencies in the region to work cooperatively, including participation in joint procurements to obtain economies of scale and avoid duplication of effort; and WHEREAS, the City of Petaluma joined with the City of Santa Rosa serving as the lead agency in a joint procurement partnership to obtain and share an Americans with Disabilities Act Eligibility Determination contractor that would serve a vital function for both agencies in conducting eligibility determination services; and WHEREAS, C.A.R.E. Evaluators, Inc. have been performing satisfactorily for 3 years under the current joint procurement agreement with the cities of Petaluma and Santa Rosa, and the County of Sonoma; and WHEREAS, C.A.R.E. Evaluators, Inc., the only proposer to the RFP issued by the City of Santa Rosa on September 24, 2015, has submitted a competitive proposal for the three -year plus contract period which includes cost increases required by C.A.R.E. Evaluators, Inc. to ensure that the current face -to -face evaluation process is continued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that the City Council does hereby award a three -year contract for ADA Paratransit Eligibility Determination Services to C.A.R.E. Evaluators, Inc. and authorizes the City Manager to execute the requisite professional services agreement. M Exhibit A to Resolution PROFESSIONAL SERVICES AGREEMENT Functional Assessments to Determine Eligibility for ADA Paratransit Services (Title of Project) FY 16 Fund # 6500 Cost Center 65300 Object Code 54110 Project # Amount $18,930 For multi -year contracts or contracts Nvitb multiple accounts: FY 17 Fund # 6500 Cost Center 65300 Object Code 54110 Proiect # Amount $43,165 FY 18 Fund # 6500 Cost Center 65300 Object Code 54110 Proiect # Amount $44,460 FY 19 Fund # 6500 Cost Center 65300 Object Code 54110 Project # Amount $26.383 FY Fund # Cost Center Object Code Proiect # Amount $ FY Fund # Cost Center Object Code Proiect # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective as of , 20 ( "Effective Date "), by and between the City of Petaluma, a (city use on y) municipal corporation and a charter city ( "City ") and C.A.R.E. Evaluators, Inc., a Corporation ( "Consultant ") (collectively, the "Parties "). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 2. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ( "Services "). Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation tinder this Agreement exceed $132,937 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W -9 form available fi•om the IRS website (www.ii-s.g,_ov) and has obtained a currently valid Petaluma business tax certificate. k, E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on January 31, 2019, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, fi►rnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses Permits Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to 0 inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply frilly with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments 'of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment /Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with 7 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name. City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or 3 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Cleric City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk@ci.petalunia.ca.us ci.petaluma.ca.us And: Joseph Rve, Transit Division Manaaer City of Petaluma, Public Works Department 555 N. McDowell Blvd. Petaluma, CA 94954 Phone: 707 - 778 -4421 Fax: 707 - 776 -3799 Email: jrya,ci.petaluma.ca.us Consultant: David T.W. Lee, P.T., C.E.O. C.A.R.E. Evalutaors, Inc. 27772 Manor Hill Road Laguna Niguel, CA 92677 Phone: 949 - 230 -1792 Fax: 949 - 448 -80037 Email: david@careevaluators.com 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ( "Indemnitees ") from and against any and all alleged liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. 0 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. The Consultant's responsibility of such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended fi•om time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., `B -1, " "B -2, " `B -3, " or "B -4. "] 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 10 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law; Venue. This Agreement shall be enforced and interpreted tinder the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non - Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in frill force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a mininnnn period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, t, Consultant's representatives, or Consultant's successor in interest. 31 Headings, The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein.' ail. Sumival. All.obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties With TCSPeCt to the Services, and supersedes all prior agreement.,; or understandings, oral or written.. between the Parties in this regard, IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA El —,Y-Ki-an age —r ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk- Manager APPROVED: Finance Director CONSULTANT Bly, pwlle�- - Title Address city L/ State Zip Taxpayer I.D. Number 4avp.4 A 02 Petaluma Business Tax Certificate Nninber PROFESSIONAL SERVICES AGRUTMENU 0,x91` 1) Augt6l 201 i 12 Exhibit A -1: Services Scope of Work Three Part Process Overview: In- Person Evaluation �" .%e'er � F� ;• 3 y 1 V The process begins when a potential applicant contacts the Call Center. At this stage, initial information is exchanged between a client and C.A.R.E. Evaluator staff. C.A.R.E. takes the time for excellent customer service at the Call Center, so that customers are thoroughly informed of the evaluation process and can decide to either make an appointment or discontinue the appointment process. This results in time savings for clients and cost savings for Petaluma. All applicants are evaluated individually. In- person functional assessments are performed by Evaluators. The In- Person Evaluation consists of three stages: Stage I Initial Processing, Stage II Interview, and Stage III Functional Testing. Evaluators continue with the transit evaluation until they have sufficient information to make an eligibility determination. Once the Evaluator has sufficient information, the in- person evaluation and fimctional testing are complete and on -site processing are complete. Under this proposal, Petaluma agrees to provide facilities, whether the current facilities or another, that are ADA compliant and mutually agreed upon After the conclusion of the three in- person stages, a determination for services is made by the Evaluator. Once the determination is made, an internal Quality Assurance review is conducted by C.A.R.E. For Petaluma only, after the determination is complete, Petaluma staff are informed through email that the day's batch is ready for their review through ASMS. Once approved or modified, Petaluma inputs the determination into the Regional Eligibility Database (RED). The newly established ID for the customer is then input by the C.A.R.E. customer service department into ASMS, and the determination letter and ID Cards are generated and sent. For the Recertification process, C.A.R.E. sends a 45 day notice of expiration as a contact to reschedule for evaluation for all determination types. With the exception of Temporary designation, this will occur three years after they were determined eligible. Applicants are instructed to contact the Call Center to make an appointment for in- person evaluation. 13 Exhibit A -2: Proposal 2015 Paratransit Eligibility Assessment Proposal Best and Final Offer Submitted to: Matthew Wilcox, Transit Planner 100 Santa Rosa Avenue, Room 6 Santa Rosa, CA 95404 Best and Final Offer Submitted on: January 8, 2016 Submitted By: C.A.R.E. Evaluators, Inc. 27772 Manor Hill Rd. Laguna Niguel, CA 92677 (949) 230 -1792 Fax (949) 448 -8037 david a,careevaluators.com Contact: David T.W. Lee, P.T., C.E.O. 14 Contents Profile of C.A.R.E. Evaluators, Inc ..................... ............................... General Information ............................ ............................... FinancialCapacity ................................ ............................... Customer References .......................... ............................... Company Experience ........................... ...................... .I........ Staff Experience .................................. ............................... Process........................................ ............................... Recertification............................. ............................... CurrentStaff ................................ ............................... Facility Location ........................... ............................... CostProposal .................................................. ............................... Additional Information .................................... ............................... Reporting Process ............................... ............................... Emergency Procedures ........................ ............................... Attachments.................................................... ............................... .................... ............................... 3 ................. ..............................3 ................. ..............................4 ................. ..............................9 ................. ..............................9 ................ .............................11 ................ .............................12 ................ .............................13 ................ .............................13 ................ .............................15 .................... .............................17 .................. ............................... 26 ................ .............................26 ................ .............................29 q1 15 Profile of C.A.R.E. Evaluators, Inc. General Information The C.A.R.E. Evaluators, Inc. philosophy is embedded in the name of the company itself: Care. Founder David Lee believes deeply in the civil rights and empowerment of those with disabilities. It is in that belief that C.A.R.E. promotes treating paratransit applicants, travel training trainees, and all customers with caring and dignity to allow them full participation in the community. In- person evaluation combined with functional testing and observation by a trained Evaluator affords an opportunity to understand the applicant's transit needs and abilities, which yields more accurate determinations and transit referrals so each applicant can be well - served. Transportation in particular opens up the world and allows people independence in life necessities such as traveling to the doctor and shopping for food. It enables participation in that which creates a full life, such as visiting family and friends or attending a place of worship. C.A.R.E. also recognizes that governmental financial limitations necessitate ensuring that travelers use the most appropriate services to ensure their maximum independence. It is through the high standard of customer service and high quality paratransit determinations that C.A.R.E. distinguishes itself. C.A.R.E. Evaluators, Inc. was founded by David T.W. Lee, Physical Therapist and Chief Executive Officer. C.A.R.E. Evaluators, LLC was created in January 2003 to consolidate C.A.R.E. Physical Therapy and C.A.R.E. Worksite Evaluators, which had been operating for the prior fifteen years and seven years respectively. C.A.R.E. Evaluators incorporated in January 2015. C.A.R.E. is a certified Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE), and Minority Business Enterprise (MBE). C.A.R.E. entered the mobility management industry when it obtained its first contract for ADA Paratransit Eligibility Appeals in 1994. C.A.R.E. obtained its first ADA Paratransit Evaluations contract in 2004 and its first Travel Training contract in 2005 with Access Services, Los Angeles, CA. C.A.R.E. has grown since that time to become the industry leader in mobility management services and software. C.A.R.E.'s mailing address is 27068 La Paz Rd. Unit 415, Aliso Viejo, CA 92656. C.A.R.E.'s corporate address is 27772 Manor Hill Rd., Laguna Niguel, CA 92677. C.A.R.E. performs work at several primary and off -site locations in throughout California and Arizona. The Northern California office, which has been open since July 2013, is at 890 Cowan Rd. Suite J, Burlingame, CA 94010. C.A.R.E. currently provides paratransit services for Santa Rosa at the Transit Center 45 Stoney Point Road, Santa Rosa, CA 95401 and for Petaluma at the Petaluma Community Center 320 N. McDowell Blvd., Petaluma, CA 94954. 9R C.A.R.E. has performed over a half million functional assessments including applicant recertification evaluations since July 2004. We continuously strive to improve the quality and efficiency of our eligibility assessment and determination process. A corporate organization chart with staff associated with the Santa Rosa and Petaluma contracts is included below. �y�w^ L Business Manager & Andrea Dee r Bo-okkeepn� John Low I fhtefCperairons � ��d Techm I SnNub— E� Cfficar AMC J Iilumtnou� Cynthia Bullcci. y Executive z Admimst trve Assistant Supernsor Jesse Bullack April Kelley Financial Capacity Chief Exetutive Dicer David Lee Regional Dtf- Manager Christine Cuevas Evaluator Evaluator. Valerie'Raven" Danielle'Forest` Mchtler. EGestnne s Independent .. Human Resources Conirarted � Accountant Idamneo EnG �� Legal Chns t•N r Russ I Davrs �� Vtilham Glasser i Customerservice Lead COStomer Service Cheryl Macaraeg Karis Zaldivar C.A.R.E. considers company financial information that supports financial stability to be confidential to C.A.R.E. and to the authorized proposal evaluators only. Therefore, the financial information is submitted as a separate attachment, "C.A.R.E. Confidential Appendix A ", that we request be held in confidence and that we designate as to not be publicly shared without written permission fi-om C.A.R.E. The attachment for C.A.R.E. contains a financial compilation completed by Independent Certified Public Accountant Chris Mizar for the final year before incorporation for C.A.R.E. Evaluators LLC and includes January — December, 2014. In addition, the C.A.R.E. tax return Schedule C (Profit and Loss for Business — Sole Proprietorship) for 2013 is included. C.A.R.E. Evaluators Inc. and C.A.R.E. Evaluators, LLC have had no bankruptcies, no contract defaults, and no violations of regulatory acts. 17 Below please find copies of letters of credit reference showing C.A.R.E. in good standing with three of C.A.R.E.'s largest vendors: Illuminous, AMC, and Thrive Now Consulting. W illuminous ENTERPRISES To whom ft may oorimn, Ad*ftsl I am used to provide information m9arding the credit account of CARE Evaluators Inc- (CARF) located at 27068 La Paz Rd, Unit 415s Allso Mejo, CA, 92656. CARE has been a great custornor with an a)rwlAnt ctoditfilatoly with us, IllumWoj s Enterprises, Irw. haB been wracing QARE's scfhh-are development and support needs for over 10 years (skies 2004). CARE has been inn exempbry customrviho has always paid em time- Our proceeds from CARE have exreaded $100,000 annually (of- at least the past five {6} years, Please lot me know If you have any question' Sincerely, Samson Kung President wQtx ;15ij VO4;trO 19 �04w- BUSINESS BUILDING TECH NOI GY. October 19,2015 To Whom It May Concern; I any pleased to provide a credit reference for Care. Evaluators, Care is one of our mostrespected andrallable clients. We have had a working relationship since 2013 at-which time we became their full service IT partaer. We view this account favorably and are confident theyare a reliable customer. As the services provided to fliern have increased, so has their .Pnthly invoiced amount and currently they are Invoiced over $7,000 per month and have always paid their Invoices promptly and on time, I strongly recommend Care Evaluators as a candidate for any credit opportunities, Sincerely Anthony Chiappetta President Advanced Microcomputing Concepts, Inc. 550 W. Cienega Ave, Sultel-I 1 San DIMS, CA 91-773 IT.909,592,0222 JR909592.0210 20 Credit Reference Letter Date! 10/18/15 R& CrEdit Reference forCUE Evaluators, LLC To whom It may concern, Since 2008,1 have personally worked with David Lee of CA 13F Evaluators an various is format print and Insta.11ation projects throughout several major cities.. for each of these projects, the total Invoice amounts have always ennded $26,000. My client fialbeen extended a line of credit exceeding the total Invoice amounts. in goer seven years working with David Lee of CARE Evaluators My company has never had a problem in receiving payments for invoices. in fact, his careful attention to prompt payment has made a naficeaole Wifference in comparison with other clients. If ycu need any invoices or records, I would be happy to help assist you 16 the matter, Best regards,. Cary Bray Chief Ex�utive GMw, Thriw Now CoristAting (714) 865-724S I thTiVenOWCOAS? .liting@RMail.COM ,thrive Now Consulting I Cory Bray, Chief Of Execulive I ffievir thriv(,,novvconsultii3q@gtnaii,com I wk�v .tlirivetioNconsultiriq,c-om Direct: (714) 865-7248 21 Customer References Access Paratransit Geoffrey 01<amoto, Eligibility Manager 633 W. 5th Street Los Angeles, CA 90071 (213) 270 -6000 Paratransit Evaluation, Marking and Tethering, Call Center (concluded), Travel training (concluded), ASMS software Current contract 2008, three years with seven one -year options Original Contract 2004 — 2007 SamTrans Tina Dubost, ADA Paratransit Administrator 1250 San Carlos Ave. San Carlos, CA 94070 (650) 508 -6247 Paratransit Evaluation, Marking and Tethering, Call Center, Travel Training identification, ASMS software Current Contract 2015 -2020 Prior contract 2010 -2015 OCTA ACCESS Gracie Davis, Eligibility Administrator 550 S. Main Street, 11th Floor Orange, CA 92863 (714) 560 -5641 Paratransit Evaluation, Call Center, Travel Training referral, ASMS software Current Contract 2006, five years with three one -year options Company Experience C.A.R.E. is a consulting company specializing in providing functional and health related evaluations and services for public and private organizations in the following areas: Paperless in- person paratransit eligibility evaluations services for • Access Services Los Angeles County, CA since 2004 at a 19,000 square foot facility IIX • SamTrans in the Sam Mateo County, CA since 2010 with a continuation of services with a new 5 year contract award in 2015 at a 4,500 square foot facility • Orange County Transportation District (OCTA), CA Evaluation Center since 2006 at a 7,600 square foot facility • Valley Metro in the City of Phoenix, AZ since 2011 at 9,000 square foot facility • Sonoma County, CA since 2012 • Solano Transportation, CA since 2013 C.A.R.E. is the current provider of paratransit services for the City of Santa Rosa, MV Transportation Paratransit Evaluation Center, CA since 2007 and City of Petaluma, CA since 2013. Marking and Tethering for: • Access Services since 2008 • Valley Metro since 2014 Travel Training for: • Valley Metro since 2011 • Access, Los Angeles 2005 -2007 C.A.R.E. also provides evaluations and training for public and private organizations to provide corrective measures that improve their employees' comfort and ability to perform their work duties. Our clients include the City of Glendale, the City of Long Beach and other private and public entities. C.A.R.E.'s transit skill functional evaluations are comprehensive, ADA compliant, and reliable using an internally developed standardized protocol. This unique protocol produces functional assessments that are reproducible in any setting or location. C.A.R.E.'s eligibility determinations are reported within the ADA time fi•ame and are legally defensible. C.A.R.E. uses a custom- designed software system, Access Services Management System (ASMS), to manage its operational and administrative processes relating to paratransit eligibility. This custom software enhances data management capabilities, allowing the ability to review cases and eligibility decisions in each category. C.A.R.E.'s ASMS software keeps each applicant's documentation and information in electronic files, enabling a streamlined environmentally responsible paperless system. This system allows customers to manage, review, or print applicant - related information at their desktop. C.A.R.E. has a long history of successful reviews by the Federal Transportation Administration. C.A.R.E. recently underwent a routine FTA review at one of its facilities. 23 The FTA reviewers gave a glowing report on C.A.R.E.'s process and remarked several times about the high quality of customer service and the caring and connection that the C.A.R.E. employees demonstrated with the applicants. Staff Experience Our highly qualified Evaluator staff possesses extensive training and experience working with people with disabilities. Each evaluator undergoes an extensive training program on certification processes so that each staff member possesses a thorough understanding of ADA requirements, the Santa Rosa and Petaluma ADA eligibility certification process, and the transit needs of the community. C.A.R.E. currently provides paratransit eligibility services for Santa Rosa at the Transit Center and for Petaluma at the Community Center. 24 Process Three Part Process Overview In- Person Evaluation z The process begins when a potential applicant contacts the Call Center. At this stage, initial information is exchanged between a client and C.A.R.E. Evaluator staff. C.A.R.E. takes the time for excellent customer service at the Call Center, so that customers are thoroughly informed of the evaluation process and can decide to either make an appointment or discontinue the appointment process. This results in time savings for clients and cost savings for Santa Rosa and Petaluma. All applicants are evaluated individually. In- person functional assessments are performed by Evaluators. The In- Person Evaluation consists of three stages: Stage I Initial Processing, Stage II Interview, and Stage III Functional Testing. Evaluators continue with the transit evaluation until they have sufficient information to make an eligibility determination. Once the Evaluator has sufficient information, the in- person evaluation and functional testing are complete and on -site processing are complete. After the conclusion of the three in- person stages, a determination for services is made by the Evaluator. Once the determination is made, an internal Quality Assurance review is conducted by C.A.R.E. For Petaluma only, after the determination is complete, Petaluma staff are informed through email that the day's batch is ready for their review through ASMS. Once approved or modified, Petaluma inputs the determination into the Regional Eligibility Database (RED). For Santa Rosa, C.A.R.E. inputs the determination into the Regional Eligibility Database (RED) and a report is emailed to the transit provider. The newly established ID for the customer is then input by the C.A.R.E. customer service department into ASMS, and the determination letter and ID Cards are generated and sent. P41 Recertification Santa Rosa The current process of renewal -by -mail for Unrestricted, Conditional, and Trip - by -trip will be changed under the direction of the RFP page 15 to In- person evaluation for these determination types. Under this process, C.A.R.E. will send a 45 day notice before the expiration date. With the exception of Temporary designation, this will occur three years after they were determined eligible. Applicants will be instructed to contract the Call Center to make an appointment for in- person evaluation. Petaluma C.A.R.E. sends a 45 day notice of expiration as a contact to reschedule for evaluation for all determination types. With the exception of Temporary designation, this will occur three years after they were determined eligible. Applicants are instructed to contact the Call Center to make an appointment for in- person evaluation. Current Staff Regional Program Manager The Regional Program Manager is based in the Burlingame office and is responsible for day -to -day operations. They maintain consistent and sufficient communication with Santa Rosa and Petaluma to ensure smooth coordination. They work with C.A.R.E's CEO, COO, and Business Manager to receive support for the implementation of the project. They demonstrate competency in the eligibility process including knowledge ofADA rules and regulations, ASMS functionality, and workflow. They supervise staff and allocate resources for performance of the work. The Regional Program Manager is responsible for recruiting, hiring, and gaining or arranging staff training. Current Regional Program Manager — Christine Cuevas Transit Evaluators C.A.R.E. provides qualified Evaluators to meet the requirements involved with conducting paratransit eligibility evaluations. Evaluators possess excellent interaction skills with people of varying cognitive and physical abilities, documentation skills, and excellent written and oral communication skills. Tasks include: Ii I. Greeting applicants as they arrive and also ensure that they depart safely. 2. Conducting check -in process (collect and scan documents, verify identification, take photo, process consent forms). 3. Conducting in- person interview of applicants to identify their functional transit abilities. 4. When appropriate, perform in- person functional evaluation of the applicant's ability to use public transportation. 5. Providing recommendation of the eligibility determination for paratransit for the applicant based upon physical, visual, and cognitive evaluation. 6. Providing a report that clearly documents the eligibility determination and includes supportive information. 7. Conducting peer review for duality of determination. Qualifications include: I. An associate or bachelor's degree in an allied health, mental or behavioral health, or special education field, or a degree in Orientation and Mobility. 2. Two years of experience in rehabilitation, or a job related to evaluating the functional abilities of individuals with varying disabilities. 3. Familiarity with functional and cognitive abilities, their prognosis and medications.used to treat individuals with a wide range of disabilities. 4. Ability to assess the individual's interaction with environmental barriers. 5. Ability to assess the individual's interaction with the various components of a transit system required for successful access and use of fixed -route services, fare boxes, timetables, and route descriptions. 6. Knowledge of ADA paratransit eligibility criteria and service requirements. 7. Familiarity with all fixed -route services. 8. Sensitivity to people with disabilities, including physical and cognitive disabilities. 9. Ability to communicate effectively in- person and in writing. Current Staff: o Valerie "Raven" Wachtler • Danielle "Forest" Firestone Customer Service Representative Call Center 1. Receive calls from individuals seeking appointments. 27 2. Determine if language accommodations are needed and, if so, schedule interpreter service. 3. Maintain the schedule and provide callers with an initial morning or afternoon appointment time. 4. Work with the transportation provider(s) to arrange transportation to and from the Evaluation Facility. 5. Monitor the status of scheduled rides, and work with the transportation provider(s) dispatchers and staff as needed. 6. Appointment verification calls when necessary. 7. Assist with other administrative tasks as needed. 8. Reviews all eligibility evaluations to ensure complete and well - supported documentation of evaluation reports. Records 1. Create ID card. 2. Mail determination letter and ID card. 3. Provide backup and break coverage for the Call Center. 4. Provide backup for Stage 1 Evaluation in case of unexpected staff absence. Current Staff: o Cheryl Macaraeg (Call Center) o Karis Zaldivar (Lead) Facility Location C.A.R.E. currently conducts in- person Rinetional assessments at the Santa Rosa Transit facility located at 45 Stony Point Road, Santa Rosa, CA 95401 and at Petaluma Community Center 320 N. McDowell Blvd., Petaluma, CA 94954. These facilities meet ADA requirements and provide the following: 1. One room for registration and application data intake, and one room to conduct private interviews with paratransit applicants during the in- person functional assessment 2. A large parking area, including convenient handicapped parking that can accommodate delivery and pick up of applicants 3. A fi•ont lobby that can be used as a comfortable waiting area, with ADA compliant restrooms, where applicants can wait before and after their in- person functional assessments 4. An overall safe, professional, and clean facility and environment 5. Testing environments located around the buildings that can be used to safely test transit skills 6. Air conditioning and heating for the comfort of the applicants and our employees 28 C.A.R.E. currently equips the evaluation site with all necessary testing equipment for in- person interviews and outdoor functional testing assessments. Under this proposal, Santa Rosa and Petaluma agree to provide facilities, whether the current facilities or another, that are ADA compliant and mutually agreed upon. AN Cost Proposal Attachment B -1: Cost Proposal for City of Santa Rosa Year One Annual Total a. Monthly Administrative Costs (fixed Costs) $ 4,907 per month x 12 months $ 58,888 One -Time Cost $ 1,750 b. Variable Costs (Operations) $ 1,275 Per month x 12 months $ 15,303 SUBTOTAL FOR YEAR ONE $ 75,941 The cost proposal must include all costs incurred by Contractor in providing the services contemplated under this Agreement. Authorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 Email david @careevaluators.com Fax Number 949.448.8037 30 Attachment B -1: Cost Proposal for City of Santa Rosa Year Two Annual Total a. Monthly Administrative Costs (fixed Costs) $ 5,055 per montl x 12 months $ 60,655 One -Time Cost $ - b. Variable Costs (Operations) $ 1,314 Per month x 12 months $ 15,762 SUBTOTAL FOR YEAR TWO $ 76,417 The cost proposal must include all costs incurred by Contractor in providing the services contemplated underthis Agreement. Authorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 Email davidl@careevaluators.com Fax Number 949.448.8037 31 Attachment B -1: Cost Proposal for City of Santa Rosa Year Three Annual Total a. Monthly Administrative Costs (fixed Costs) $ 5,206 per montr x 12 months $ 62,475 One -Time Cost $ - b. Variable Costs (Operations) $ 1,353 Per montl x 12 months $ 16,235 SUBTOTAL FOR YEAR THREE $ 78,710 The cost proposal must include all costs incurred by Contractor in providing the services contemplated underthis Agreement. Authorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 Email david(@careevaluators.com Fax Number 949.448.8037 32 Cost Proposal Detail for City of Santa Rosa - BAFO Fixed Costs Management Wages Management Benefits Evaluation Staff Wages Evaluation Staff Benefits Customer Service Staff Wages Customer Service Staff Benefits Performance Bond Office Supplies Materials and Supplies Facility Costs Other Equipment IT, Transportation & Travel, Telephone, Translation, Recruiting, Utilities Year One Year Two Year Three Total $ 6,609 $ 6,807 $ 7,012 $ $ 1,069 $ 1,101 $ 1,135 $ $ 864 $ 890 $ 917 $ $ 277 $ 285 $ 294 $ $ 13,570 $ 13,977 $ $ 3,010 $ 3,100 $ 5,360 335 $ 977 $ 1,734 $ 1,786 $ $ 316 $ 325 $ $ 168 $ 173 $ $ 16,531 $ 17,027 $ 20,428 3,305 2,671 855 41,944 3,193 $ 9,303 36.79 1 $ 37.89 1 1,840 $ 5,360 335 $ 977 178 $ 519 17,538 $ 51,096 Insurance $ - One -Time Start -up Costs - ID card machine $ 1,750 $ - $ - $ 1,750 Management Fee & Profit $ 14,740 $ 15,183 $ 15,638 $ 45,561 Subtotal - Fixed Costs $ 60,638 $ 60,655 $ 62,475 $ 183,768 Hourly rate for Evaluators 1 $ 36.79 1 $ 37.89 1 $ 39.03 Variable Budget 1 $ 15,3031 $ 15,762 1 $ 16,235 1 $ 47,300 Total Budget $ 75,941 $ 76,417 $ 78,710 $ 231,068 Monthly Fixed $ 4,907 $ 5,055 $ 5,206 Assumes 300 -500 applications per year for each year is] Cost Proposal Detail for City of Santa Rosa Fixed Costs Year One Year Two Year Three Total Management Wages $ 6,609 $ 6,807 $ 7,012 $ 20,428 Management Benefits $ 1,069 $ 1,101 $ 1,135 $ 3,305 Evaluation Staff Wages $ 864 $ 890 $ 917 $ 2,671 Evaluation Staff Benefits $ 277 $ 285 $ 294 $ 855 Customer Service Staff Wages $ 17,844 $ 18,379 $ 18,930 $ 55,152 Customer Service Staff Benefits $ 3,955 $ 4,074 $ 4,196 $ 12,225 Performance Bond $ - $ - $ - $ - Office Supplies $ 1,734 $ 1,786 $ 1,840 $ 5,360 Materials and Supplies $ 316 $ 325 $ 335 $ 977 Facility Costs $ 168 $ 173 $ 178 $ 519 Other Equipment $ 16,531 $ 17,027 $ 17,538 $ 51,096 IT, Transportation & Travel, Telephone, Translation, Recruiting, Utilities Insurance $ - One -Time Start -up Costs - ID card machine $ 1,750 $ - $ - $ 1,750 Management Fee & Profit $ 16,468 $ 16,962 $ 17,471 $ 50,901 Subtotal - Fixed Costs $ 67,585 $ 67,810 $ 69,844 $ 205,239 Variable Costs Hourly rate for Evaluators $ 36.79 1 $ 37.89 1 $ 39.03 Variable Budget $ 15,303 1 $ 15,7621 $ 16,235 1 $ 47,300 Total Budget Monthly Fixed Assumes 300 -500 applications peryearfor each year $ $ 82,888 5,486 $ $ 83,572 5,651 $ $ 86,079 5,820 $ 252,540 34 Attachment 13-1: Cost Proposal for City of Petaluma Best and Final Offer Year One Annual Total a. Monthly Administrative Costs (fixed Costs) $ 2,596 per month x 12 months $ 31,154 One -Time Cost $ 1,166 b. Variable Costs (Operations) $ 956 Per month x 12 months $ 11,477 SUBTOTAL FOR YEAR ONE $ 43,798 The cost proposal must include all costs incurred by Contractor in providing the services contemplated underthis Agreement. Authorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 Email david(@careevaluators.com Fax Number 949.448.8037 35 Attachment B -1: Cost Proposal for City of Petaluma Best and Final Offer Year Two Annual Total a. Monthly Administrative Costs (fixed Costs) $ 2,674 per montl x 12 months $ 32,089 One -Time Cost $ - b. Variable Costs (Operations) $ 985 Per montf x 12 months $ 11,822 SUBTOTAL FOR YEAR ONE $ 43,911 The cost proposal must include all costs incurred by Contractor in providing the services contemplated underthis Agreement. Authorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 Email david(@careevaluators.com Fax Number 949.448.8037 Attachment B -1: Cost Proposal for City of Petaluma Best and Final Offer Year Three Annual Total a. Monthly Administrative Costs (fixed Costs) $ 2,754 per montl x 12 months $ 33,052 One -Time Cost $ - b. Variable Costs (Operations) $ 1,015 Per montl x 12 months $ 12,176 SUBTOTAL FOR YEAR ONE $ 45,228 The cost proposal must include all costs incurred by Contractor in providing the services contemplated under this Agreement. jAuthorized Signature Title Chief Executive Officer C.A.R.E. Evaluators, Inc. Date October 26, 2015 Phone Number 949.230.1792 (Email david(@careevaluators.com Fax Number 949.448.8037 9YA Cost Proposal City of Petaluma - BAFO Restructred and Summarizeds by Fiscal Year 91,11 FY 16 FY 17 FY 18 FY 19 Feb. 1, 2016- June 30, 2016 July 1, 2016- June 30, 2017 July 1, 2017- June 30, 2018 July 1, 2018 - Jan. 31, 2019 Total Fixed Costs Management Wages $ 1,652 $ 4,015 $ 4,136 $ 2,454 $ 12,257 Management Benefits $ 262 $ 637 $ 656 $ 389 $ 1,945 Evaluation Staff Wages $ 180 $ 437 $ 451 $ 267 $ 1,335 Evaluation Staff Benefits $ 58 $ 140 $ 144 $ 86 $ 428 Customer Service Staff Wages $ 3,070 $ 7,461 $ 7,685 $ 4,560 $ 22,777 Customer Service Staff Benefits $ 684 $ 1,662 $ 1,712 $ 1,016 $ 5,074 Performance Bond $ - $ - $ - $ - $ - Office Supplies $ 463 $ 1,125 $ 1,159 $ 688 $ 3,435 Materials and Supplies $ 83 $ 200 $ 206 $ 123 $ 612 Facility Costs $ 57 $ 139 $ 143 $ 85 $ 423 Other Equipment $ 3,214 $ 7,809 $ 8,044 $ 4,773 $ 23,840 IT, Transportation& Travel, Telephone, Translation, Recruiting, Utilities $ - $ - $ - $ - $ - Subtotal $ 9,723 $ 23,627 $ 24,335 $ 14,441 $ 72,126 Insurance $ - $ - $ - $ $ - One -Time Start-up Costs- ID Card Machine $ 1,166 $ $ - $ $ 1,166 Management Fee & Profit $ 3,258 $ 7,918 $ 8,155 $ 4,839 $ 24,170 Subtotal - Fixed Costs $ 14,148 $ 31,544 $ 32,490 $ 19,280 $ 97,462 Variable Costs $ - $ - $ - $ - $ Hourly rate for Evaluators $ 37 $ 75 $ 77 $ 39 $ 227 Variable Budget $ 4,782 $ 11,621 $ 11,969 $ 7,103 $ 35,475 Total Budget $ 18,930 $ 43,165 $ 44,460 $ 26,383 $ 132,937 91,11 Cost Proposal Detail for City of Petaluma - BAFO Restructured Quote Year 1 1 Quote Year 2 Quote Year 3 FY 16 FY 17 FY 18 FY 19 Feb. 1, 2016- July 1, 2016- Feb. 1, 2017- July 1, 2017- Feb 1, 2018- July 1, 2018 - June 30, 2016 Jan. 31, 2017 June 30, 2017 Jan. 31, 2018 June 30, 2018 Jan. 31, 2019 Fixed Costs 5 months 7 months 5 months 7 months 5 months 7 months Total Management Wages $ 1,652 $ 2,313 $ 1,702 $ 2,383 $ 1,753 $ 2,454 $ 12,257 Management Benefits $ 262 $ 367 $ 270 $ 378 $ 278 $ 389 $ 1,945 Evaluation Staff Wages $ 180 $ 252 $ 185 $ 260 $ 191 $ 267 $ 1,335 Evaluation Staff Benefits $ 58 $ 81 $ 59 $ 83 $ 61 $ 86 $ 428 Customer Service Staff Wages $ 3,070 $ 4,299 $ 3,163 $ 4,428 $ 3,257 $ 4,560 $ 22,777 Customer Service Staff Benefits $ 684 $ 958 $ 705 $ 986 $ 726 $ 1,016 $ 5,074 Performance Bond $ - $ - $ - $ - $ - $ - $ - Office Supplies $ 463 $ 648 $ 477 $ 668 $ 491 $ 688 $ 3,435 Materials and Supplies $ 83 $ 116 $ 85 $ 119 $ 88 $ 123 $ 612 Facility Costs $ 57 $ 80 $ 59 $ 82 $ 60 $ 85 $ 423 Other Equipment $ 3,214 $ 4,499 $ 3,310 $ 4,634 $ 3,409 $ 4,773 $ 23,840 IT, Transportatlon & Travel, Telephone, Translation, RecruAing, Ulif6es Subtotal $ 9,723 $ 13,612 $ 10,015 $ 14,020 $ 10,315 $ 14,441 $ 72,126 Insurance One -Time Start -up Costs- ID Card Machine $ 1,166 $ - $ - $ $ - $ - $ 1,166 Management Fee & Profit $ 3,258 $ 4,562 $ 3,356 $ 4,698 $ 3,456 $ 4,839 $ 24,170 Subtotal - Fixed Costs $ 14,148 $ 18,174 $ 13,371 $ 18,719 $ 13,771 $ 19,280 $ 97,462 Variable Costs Hourly rate for Evaluators $ 36.79 $ 36.79 $ 37.89 $ 37.89 $ 39.03 $ 39.03 Variable Budget $ 4,782 $ 6,695 $ 4,926 $ 6,896 1 $ 5,073 1 $ 7,1031 $ 35,475 Total Budget $ 18,930 Monthly Fixed $ 2,596 Assumes 200 -300 applications peryearfor each year per page 23 $ $ 24,869 2,596 $ 18,296 $ 2,674 $ $ 25,615 2,674 $ $ 18,845 2,754 $ 26,3831 $ 2,754 $ 132,937 Additional Information Reporting Process C.A.R.E. communicates through email with Petaluma when a batch of evaluations is ready to review. Authorized managers may review applicant materials through a dedicated and password secured website using C.A.R.E.'s ASMS system. The Client Determination report generated from the Regional Edibility Determination (RED) system is eJnailed to, the transit provider after each upload. 39 C.A.R.E. prepares a Management Statistical report which is included with the monthly invoice. Authorized managers at Santa Rosa and Petaluma have access to ASMS for generation of ad hoc reporting at any time. Management Statistical Report The Management Statistical Report is currently submitted in hard copy with the invoice. The report includes: • Number of applicants interviewed • Number of new, re- certifying and "renew -by -mail" applicants processed • Number of each type of determination • Number of applicants referred to Travel Training • Number of applicants for whom an environmental analysis was performed • Average processing time Upload Table C.A.R.E. also provides monthly an electronic copy of the Upload Table to Petaluma with the invoice. The Upload Table shows the daily number of evaluations completed and uploaded. This report can also be downloaded at any time. Please see samples of these reports under the separate C.A.R.E. Confidential Appendix A. C.A.R.E. prepares and submits a completed evaluation for each application processed and /or applicant interviewed. Each completed evaluation includes complete answers to each evaluation question asked by the Evaluator during the in- person functional assessment, a detailed written explanation of the basis for the eligibility determination, and the eligibility recommendation. The completed evaluation report is in a .pdf format and may be accessed by authorized managers through a dedicated and password - secured website using C.A.R.E.'s ASMS system. Santa Rosa and Petaluma each have their own dedicated database of ASMS. C.A.R.E. is responsible for preparing the letters of determination to be mailed to each applicant using the currently provided format and text for the determination letters. C.A.R.E. mails the letters of determination and photo ID cards (for approved applicants only) to the applicants. Rider Profile Report IN The Rider Profile Report is submitted electronically via ASMS and is accessible at any time upon completion of evaluation. The Rider Profile Report includes the following information: • Applicant name • Applicant ID number • Application home address, phone, email • Applicant mailing address • Applicant emergency contract • Date interviewed • Eligibility determination (expiration date, type) • Mobility device • Attendant permitted or not • Special customer needs • Disability code • Eligibility detail • List of people eligible to renew by mail • List of people referred to travel training • Summary of customer determination • Telephone system report Eligibility Detail Report An Eligibility Detail Report is submitted electronically via ASMS and is accessible at any time upon completion of evaluation. This report is commonly referred to as "The Evaluation ". The following is included in the Eligibility Detail Report: • Client code • Client name • Type of applicant (new, renewal, renew by mail) • Interview Date • Eligibility determination (unconditional, temporary, denied, trip -by -trip, conditional) • Renewal by mail designation • Travel gaining referral • Eligibility expiration date • The date the letter was mailed is the same date as printed In addition to these, there are numerous reports that are available at any time to authorized account users. Upon request, custom reports can be created querying any of the fields as currently programmed in ASMS for no additional fee. Custom reports that require software modification can be created for an additional programming fee. 41 Emergency Procedures Applicant Injin-y After the initial assessment of the severity of an injury, the Evaluator will ask the applicant if they need further assistance. Only minor first aid will be provided by the on- site staff member. The Evaluator will contact 911 should further assistance be needed. If the applicant refuses professional assistance though the Evaluator believes it may be needed, a Release of Medical Assistance form will be presented to the applicant. The Evaluator is authorized to contact emergency services based upon their own judgement regardless of refusal of emergency services. All injuries are immediately reported to the Regional Program Manager by phone and then followed up with a written Incident Report. The Incident Report is forwarded by the Manager to the Petaluma Senior Transit Specialist, and at Santa Rosa to the Transit Division Manager. Evacuation Emergency Staff follows the building protocol at the location. C.A.R.E. requests inclusion in safety drills when possible. The staff is aware of exit routes. The Region Program Manager is immediately contacted and a written Incident Report is completed. If there are no injuries, all applicants are released immediately. If there are applicant injuries, the Applicant Injury procedure is followed. 42 Name Of Persons Involved (Inctu" 1D# of Applicant); I Location Of Inddent: (De--v-ribe In Detail): 1911 Called- 0 vibe in Detail); . . . I Name- - -- - 11h; Refuwd by Applicant El Name'.. Phone, 54griature of Person Filing Report: Date: Signature of Manager,. Date: Signature of SarnTrans ADA Admi0strator, Date: 43 Attachments 'J. RFP CHECKLIST FORM L,4W below are -a (IMMents that are required to be submitted as part of a questfor proposal. Mte "yW onme blank space. if you have Included those items forsubmittal of your RFP. -yes Cost Proposal for City of Santa Rosa (ATTACHMENT B-1) —, — , , oposal worksbeet for City of Santa Rosa (ATTACHMENT B �fts cost Proposal for City of Petaluma (AiTACHMEINT B-2) Y6 Cost Rropo"I Workshett for City of Petaluma (ATTACHMENT 0-2) �n�roposees Designated Contact List tATTACCHMENT F) —Receipt of Addenda Form (if issued) Y" Technical Information RelatWa to RFP to insurance requirements as outlined In ATTACHMENT C-1 eement to insurance requirements as outlined in ATTACHMENT C-2 ��Dlsclosure- ofSovernmental Positions (ATTACHMENT G) 44 Attachment C -1 C.A.R.E. Evaluators shall maintain insurance as specified in the contract with the City of Santa Rosa during the period of performance specified. Proof of insurance is available upon request for the following: • General Liability including products liability and completed operations, and contractual liability coverage $1,000,000 • Worker's compensation • Professional Liability; $1,000,000 • Business Automobile Insurance; covered under general liability • Deductible /Self- Insurance Retention — Bond will be procured after contract award David Lee — C.E.O. C.A.R.E. Evaluators, Inc. Attachment C -2 C.A.R.E. Evaluators shall maintain insurance as specified in the contract with the City of Petaluma during the period of performance specified. Proof of insurance is available upon request for the following: • General Liability including products liability and completed operations, and contractual liability coverage $1,000,000 • Worker's compensation • Professional Liability; $1,000,000 • Business Automobile Insurance; covered under general liability • Deductible /Self- Insurance Retention — Bond will be procured after contract award David Lee — C.E.O. C.A.R.E. Evaluators, Inc. 45 ATTACHMENT E.- PROPOSERS REFERENCE FORM )Uorklaccumplished by (twowbO best fflluaraies culip-ol qualfficAtiorls relevant 10 W3. PLDJeM Job Desvipljup Time to Cotta #eee tob-- ,w 15 to 20n 'iliall fjt Tmm t� 8" �Nlat t, GA Contact Marie and TWePhone No, ,itf!#DuboM; AOA PWalranI4 6W 508 6Z47 job Nurlptivn ey4kigations, ?Awj -T), wid AS! far's ant? jMA MS SQAwW# -ContrattAropuot papttf:apso 22 fr-Wwm NAAT 1, 1 miWon time w coniplete Job Owner and Lutalion Accom RwaivatA, LL-� Anq&Ws. GA "am* and'relephone No, ?e7 651 M98 Job Descliptlamn PatamamA, ilvaju*ws, — CoatoctAmwnl il-f—Affiorl Time to compketi, Job 2011 to 2016 uwnt-r and irptat'on Q4�TA ACCESS, Aruinvrn CA Con.ta,d, Name and Telephone No, Gf aci# 0&4, SlgibiltyAdM ittri%F 714 W-0 W I U 01 n job Delcript�on Pivoraftsix and Trawl TeWnft Z;Wact A. Unt S311 W"n To to to "mplaae Job 2>010 to 9017 aw-ne and wn-atkm Vgli%q M�jo, FlbovOx , AZ Coplal Name alit! T*!,,phone No K7,n-V4Qv+.s, 1 tune t, € 710 2107 Nolk. Itillimponami tho On Platt be camovud Ar'd sru�ntltttd Wilh Your pfopowl. fallwo to pfo*we th* ahave Lnf0rMA-14&ft 1"rumplete Moll May fAfwif lr* vovr bid n0,lq*lp0aAvC Irl ATTACHMENT F-1- PROPOSERS DESIGNATED CONTACTS LIST Proposers are requfred to indicate In Itle Space provided below the &5ignated tontan ln.diViduaes name-, CITY'OF SANTA ROSA Matthew Wilcox, Transit Planner Department of Transportation and Public Works, Ttanjif 13iv1sicil 100 Santa 1105a Avenue-, Room 6 Santa RosgA, CA 95404 Phone,' (707) 543,3335 Fax-1 (707) 543 -332& Email: mwil CON"Ma0ft Name/Title: Corhpany. Ja A-R E E,4,qalors fncv, 0 R-0 , 5 Strut: ad,U-41- City, State, Zip. Arlso Vvia, CA M56-�N I Phone, $,-6 40 i7oP FaX, R49 448 8&37 Email: Co m p a n - y Street! city, state Zip: Mono,, '32MM9445 Email; N.arne/nt4e, Andma Dee-, financialhianager compziny. 'CA-RE Street: 27 LA Paz AOM� Ljnit 1115 City, State, zip- AwVWo, OA026i joii Phone. Fax� Email. 47 ATTACHMENT F- 2: PROPOSERS DESIGNATED CONTACTS LIST Propol-wis are required to indicate In the space piovidud below the designated contact individual's name: CITY OF SANTA ROSA Emily Betts. Senior Transit Specialist Department of Public Wlork�-, Transit Division SS5 N. McDowell Fflvd Petaluma. CA 94954 Phone. (707) 776-3711 Fax: (701) 416­2325 FMOH_t!�I�tj�LWQ e't I a 41 CONTPACTOR Company. CA R _ EvaluaLms- kn Street. City, State, Zip: k-.aaLyr CASMF_30 1 Phone, i 17 Fax:.94944880a-f Email: J71 f MOP_ _5,14apa'QW C o mpany; I - . __ _G&R E_ Evatualom Irv-, stfeetA a9tio C-0-44n 84ag j City! -State, ZIP: RUMIDQ31r,%i LALI Phone-. 12114'05445 Fax; Email,, Name/Title: Company, 0 ARE. Evaluatoss, Inc city_ State� Zlp a n CA 65e 041 Phone, 714�D_',7158 48 Inraloner"grIT altemving to 4)(juome an vmplcyce AM --ployce of rfiealLi'? Ill confw-(O�n w4'1 Cbtalninx joy � F24pejq cuntfat:l' gaw al any Ow tvaid Cilvered by 3.1 US,C, 13S2. ta�h Vei joatil akti di,.trose, thit- nlln.e 01, _mq NVMFOnt %1AdVf lh.a l0blDVing D!FrfaWu� A(l of 15 -95 wh,, has rmdi-i fribUyi.q cbm')'M, an Its aahWvolh nqn- rejetal rond% with rc-spctt to th-U redzI611 cOn"l at' F'4A-nt'D1 covc,?tW 4y at U<SL: 1352, 'Soch tti€tj-pw'cs Tare tarwpuw from tief 16 V-8r up tai the fi�r=pknt, C601000OFT fear COMMU, UFMOS, IVA Cooperathd� AgretMen-ts the unctefn'tped (conuattot] the bet-tat hh 0" nor VIOML'diru, and bOiO, M*v No funds have be, cri pa�',J ui rep bt, paricb by or cats b4jh3il o f th JaAf'y e vu vv for MuAnting or altemplOV, to rllfusnce .-n Offcer of etnplflypk; of an mi'�Mhef *1 Ccojtlg5t' an affxpror employee of an emplaper. wa "'Arm 4!�f Ofcongrt-'sin rannettion wilh il* tcv,,4rd tanV F Federal contract, iha mg -aff ia t In A Nity 3f Any r e�'�j eral lean, ;f v� or ef Ing � r, to of a ny kjpIt of 3.1y te , if efAn" coopera t i Vp alif fient? nt, and the &* tcns ion, "'nli. Lt. ti nn' ran Pik, t, atninid mtht. cri a q Q d i fkai t+o (i of a tly f rat grant, loa' or coop"t-ativc agfeutu-M. (21 If any fw1d; other 114,40 £e oral apptopflated fijnk e, hiwt�l beto Paid :)r wint be p" d lu mw P-t wm lot making lobb,,Ing Lantac%la An offiti*t or ernproyce ofaAyagency, 41 NUmber Dico'n'gri-55, Tq offce( of emplVieeof OfCorwau ia rag ttftbnftwiIh this, fed-2ral contract, RIAM, i64ft, W CuOpefatiw agfgem Plitt than ccmpflotR' s-t -,,Awmit Standard Vwm-LIL, Rt,poitLubbTmg," in accrITOnce With ft$ inslTuctlotis ja5 Amwwk Y,'j `r#3 rpi Pment wfd�e r-50,J111ce for New ff itnc�ttc 15 ii LaWylifog,' 61 FA, Reg, 1433 (1119196). biaI(` Uqr ttajge Irt puagraph (2) h f,citj has bt-on fna 1n,)cfordaag,o e,,jth 5ocliun to ofth- LDbbylng MAE, Vitae A t of iPA, H14-65, to bk# at IOL (1) 7hp undeWpcd AA f,cocard That thL. lanfflijagL. of thL1 t lj;j udt d in tits awmd dinswrwrft' for Alf wbaward at ail tion (IoNuding wbrontfacts, suligrw A . O Ond thm WI wbro-cipleats shall ceri Ify and dm;farg a ccufdingfy Tbis iv lifitation is nifile:65f c if 1�ct upon whxh i Eharur+ pkK'ed wh4l 04 Lt'ansa"lon Wai into. tot cach wd farlufe� (Noko pogwAnt to 31 1,Mc- § 1152()Jjl) (2)tA), arty vt,,5un whu makes a pints bitcd owp-Aditure of 61h, Wile or wend a rtquotd crutificalron of d[Wolule fa fin shah b# wb�iig,-k to a Civil penalty of not l"s Inon S10,00ujrA not M,DTe than �IQOQW (Of 0-acil 5imh expendiiwo cat fadur?,j Th# eonlfactorj�_�^i;R F_ �,,aluatqfj,. f__ celffwi or affirini tw And'ururacy at eadh 5t•vner"t of il,'l 1st-6fication aAd disclawip, d Any, In acidiflon, the Contractor and ajb"'gs that thtt ptovWens of at U8,C A 3901, ct Itu" appW to th33 roffifiration and okdapjfc= if afty. Ind 1111c, of Cov,VAct*t'4 Authofilf,-d Offibal U1'AW5'T'O'RKq 40 U.SX. 53 5 1B UR M36 (1) 49 CYR 633,17 Access to gegofdt - IN IWAw-Mrri atcp,,• to rp-'Ord'x fr jaaia r,a t .Vrdy Ira I hit rnm Farl L W be ( 0 1 he flu f Ot*wr I , not 'T SE a3 p b t it a I ofal g avef nrn e n t km d i, tk,. e FT A R p " f"'I t of -1 W Ik I & n I i„ e 0f t hI # I IA IS 3fli), the iaaiee, jhi;jTA Atminbu Mar, the Cmplto"Ier Gepoo.l Of tit= un:'jed Swwn *1 qn V of ttw.-,r ioo 11jurived i rpry iir%I;Oiviq +_fc: %o All j b' 00ks, pllltrry and W fcr thp purposes offmik:nz auaru, at"d tfar*uip"�apli canv-artot a1w agrpies' PuMuLnt 1049 49 ATTACHMENT G: DISCLOSURE FORM DISCLOSURE OF r -RNN4[ itAl-POSITiONS ygY j- N The Prospective Contractor hereby dlsclose5 that the following o fivers and empjayeei , of tke Contractor currently hold the following positionswt1h the Identified government.41 agency of hQl-d iuch Pci,,Otlori in the past 12 months Name of OwnerlEmployee None Narne of the Governmental Agency UM Complete Addre-is of Gov@romerit A gency q1A Governmental position, (e•g' Director, officer and i0nployee) WA Firm: N/A TiTW WA Date: NIA DISQUALIFICAWN QUESTIONNAIRE The Contractor shall complete, under penalty of perjury, the following (100'stionnalre, Has the Contractor, any officer of Ibt ConkfaLtM orariVeMP10YO ofthe Contractorwho has proprietary Interest in the Contractor, everT)een disqualified, removal, or otherwk;e prevented from bidding on, or completing a federal, state, of fecal govaromprIt project because of a Viulation of law or e af ety regulatio-n? yes No x If the answer is Yes, eXpJain the circuiustartces in the following spate. Page 75 of 57 III] INSURANCE REQUIREMENTS EXHIBIT B -2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the fixture for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property darnage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self - Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or 51 self - insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self - insurance shall be called upon to protect it as a named insured. 52 E. Acceptability of Insurers hnsurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. 6193 EXHIBIT C ACKNOWLEDGENIENTAND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIP.ML CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma I'vlarticipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreernent") between the City of Petaluma ("City") and/or the Petaluma Community Development Commission (",PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCIJC funding or financial benefits ( "covered entities"). Pursuant to Petaluma Municipal Code, Section 8.30.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair LEniployment and Housing, Division, of Occupational Safety and Health (OSHA), California Department or Industrial Relations (Labor Commissioner), Frivironmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. pursuant to Petaluma Municipal Code Section 8,36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by tile City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations andfor Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petal urnaMunicipal Code Chapter 836 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification, Page I of') )AVING WAGJF ACKNOWI.FDOFNIEN1 AND CERTIFICATION (163&697 2) Nov 2012 54 SO ACKNOWLEI)GED and CERTIFIED: Project or Contract LD: FUNCTION AL ASSESSNME.- N T ST0,01; ITRXIINF - EI,IGIBILITY FOR ADA PARATRANSITSERVICES FOR'III; CITY OF PETALUNIA r'. ` q. ko. F-, al't /up 4 ry, z C,. Date: —1,44,11 (Print Name of Covered Entity/Business Capacity) - d By Do tz '11, (Print Name) (Signature) (Title /Capacity of Authorized Signer) Page 2 of 3 HVMG WA(W AND CERTIFICATION (163,8697.') NNO v 2 Of -) 55 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND OR FINDINGS PURSUANT TO PETALUNIA MUNICIPAL CODE SECTION 8.36.120 FoRj.,A(,'Il WAGE, HOUR, COLLECTIVE , BARGAINING. WORK PI A('!-.' SAFETY, •NVIRO'NM ENTAL OR CONSIJIMER PROTECTION C1 IAR(113, CONOPLAINT, CITATION, AND/Olt FINDING OV VIOLATION OF LAW OR REGULATION BYANYREGULATORY AGENCYtilt COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DE PART NIENTOF FAIR EmPi,oY\,.jj-'N1- AND HOUSING, DivistoiN OF OCCUPATIONAL SAFFTY AND HEALTH (OSHA). CALIFORNIA DvIART?A1-N'T OF INDUSTRIAL Rr-LATIONS (LABOR CONE'vIISSIONER), ENVIRONMENTAL PROTE.CTION A(ji--,NCY AND/OR NIA-HONAL LABOR RELATIONS BOARD, WHICH: At�rcus YOU AS A PROSPE'C'I'IVE CONTRACTOR.SUIX FRANCHISEE AND/OR PARTY TO ANY CITY OF PLI'AL1j,\IA ANWOR Pr-TALUNIA CONEmUNITY AGREENIENT OR nv\rFIT SUBJECT' TO Pti]'AnAmA MUNICIPAL CODE CIIAl"IT"It $36 (LiVINO WAGE, ORDINANCE), ANa) HAS, BEEN FILED OR I'Rf-',.OI-'NTEDTOYOU WITHINTI-IF TENYE'ARS IkINIF.DIATELY PRIOR'Vwnit: Bit), PROPOSAL, SUBMISSION Oft REQUEST FOR witic-ii,nits ACKNOWI.rww"i'VIENT AND CERTn-,JCATION IS MADE, PLEASE PROVIDE Ti DATL. THE REGULATORY AGE'NCY OR COURT` MA KING THE CIJARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND'I'lit', MVm\,-ER 01, Rt,.SOLtJTIQ-", IF ANY, FOR RACH SUCH CHARGE CON PLAINT, CITATION OR FINDING, IF NONE, PLEASLs'r.ivm- "NO\�'E":'w -ON E - Ari'ACTI ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: Resolution, if any.. Expected re.iolution, if known: page 'I o 1' 3 u V1 N.G WAGE. ACKNOWLI'DOEMENN' AND CMIFICATION (1638697,2)Ncw 2012 56