HomeMy WebLinkAboutStaff Report 3.H 08/05/2019Agenda Item #3.H
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DATE: August 5, 2019
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities
Jared Hall — Transit Division Manager, Public Works & Utilities
SUBJECT: Resolution Awarding a 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 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 2013, Petaluma has partnered with Santa Rosa CityBus 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 2013 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 in January 2019 by
six months, until June 2019, to allow the Cities of Santa Rosa and Petaluma time to conduct a
join Request for Proposals (RFP) process. A joint RFP between the City of Petaluma and City of
Santa Rosa was released in April 2019 with responses received in May 2019.
DISCUSSION
C.A.R.E. Evaluators, Inc., submitted the only proposal in response to the 2019 RFP issued by
City of Santa Rosa. Their proposed fees have increased 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
$62,962 represents an estimated cost of $262 per evaluation, which is an increase of 42% over
the average rate of $184 per evaluation paid in the current contract. Upon reaching out to other
potential vendors, it was found that the RFP was competitive and not overly restrictive, but in a
market with a limited selection of available providers.
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 $50 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 prevents them from using the fixed route service at least
some of the time are certified to utilize paratransit.
Upon requesting usage of Petaluma Paratransit, potential riders are provided with info on the
system and directed by staff to apply for usage of the system and subsequent paratransit
evaluation with CARE.
Having a face-to-face interview during the evaluation process benefits the transit system by:
• Personalizing the process, allowing staff to get to know the applicants;
• Deterring those who may not be qualified from using the services;
• Issuing the applicant an ID card, allowing free travel on the fixed route for those who can
use fixed route for some of their travel.
Upon completion of the evaluation if applicants are found to be eligible to ride, they are provided
with an acceptance letter from Petaluma Paratransit and given more background information on
how to utilize the paratransit system on topics such as: booking trips, paying fares, and the rider
conduct policy.
Since the inception of the current contract, in February 2016, a total of 1,020 applicants have
been interviewed, with 82% approved as unrestricted and 18% approved with restrictions. Only I
client was denied and immediately referred to Petaluma Transit's Travel Training program for
lessons on using the fixed route system. Approximately 17% (17 1) 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:
I
ADA Paratransit Applications: 2/1/2016 — 6/30/2019
Approval Status
Total
Percentage
Conditional
81
7.94%
Denied
1
0.10%
Temporary
100
8.79%
Unrestricted
838
65.22%
Total
1,020
100.00%
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 FYI 9, over 9,000 free
trips on fixed route were provided to paratransit patrons, which represents a cost savings of
$269,100 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.
PUBLIC OUTREACH
This agenda item appeared on the City's tentative agenda document on Monday, July 22, 2019
which was a publicly -noticed meeting. This item was discussed by the Transit Advisory
Committee (TAC) at their August 1, 2019, with TAC being asked to consider a recommendation
that City Council adopt a resolution awarding this contract as proposed. The decision to begin in-
person evaluations in 2013 was reviewed by the Paratransit Users Group, the Earl Baum Low -
Vision Group, and the Transit Advisory Committee. Potential paratransit riders are provided with
information about the assessment process on the City's website and in the printed Petaluma
Paratransit Rider Guide.
FINANCIAL IMPACTS
The new contract pricing is projected to increase annual costs of ADA evaluations by $19,045 in
FY20 compared to services in FYI for a total cost of $62,962. The three-year contract cost is
$196,740. The funds for this agreement are contained in Petaluma Paratransit's operating budget
for FY20 and within its projected 10 -year budget for the remainder of the contract.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
RESOLUTION AWARDING A 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
WHEREAS, C.A.R.E. Evaluators, Inc., the only proposer to the RFP issued by the City
of Santa Rosa on April 15, 2019, 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 with two additional, one-year
options, to C.A.R.E. Evaluators, Inc. for ADA Paratransit Eligibility Determination Services and
authorizes the City Manager to execute the requisite professional services agreement.
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Attachment 2
Exhibit A to Resolution
PROFESSIONAL SERVICES AGREEMENT
Americans with Disability Act (ADA) Paratransit Eliaibility Determination Services
(Title of Project)
FY 20
Fund # 6500
Cost Center 65300
Object Code 54110 Project #
Amount $62.962
For multi-year contracts
or contracts xvith multiple accounts:
FY 21
Fund # 6500
Cost Center 65300
Object Code 54110 Project #
Amount $65.902
FY 22
Fund # 6500
Cost Center 65300
Object Code 54110 Project #
Amount $67.876
FY 23
Fund # 6500
Cost Center 65300
Object Code 54110 Project #
Amount $69.879
FY 24
Fund # 6500
Cost Center 65300
Object Code 54110 Project #
Amount $71.947
FY
Fund #
Cost Center
Object Code Project #
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 only)
municipal corporation and a charter city ("City") and C.A.R.E Evaluators, Inc., a Corporation
("Contractor") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Contractor 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:
1. Services. Contractor shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Comnensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Contractor in accordance with the rates specified in Exhibit A.
B. Contractor 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. Contractor shall be compensated for services in addition to those described in
Exhibit A, only if Contractor 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
under this Agreement exceed $338,566 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, Contractor shall not be paid any
compensation until such time as Contractor has on file with the City Finance
Department a current W-9 form available from the IRS website (www.irs.2ov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 5
E. City's obligation to pay compensation to Contractor as provided herein is
contingent upon Contractor'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
June 30, 2022. with the option to extend up to two additional wears, to June 20, 2024,
unless sooner terminated in accordance with Section 4. Upon termination, any and all of
City's documents or materials provided to Contractor 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 Contractor or Contractor's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Contractor shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Contractor 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, Contractor shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Contractor's Representation; Independent Contractor. Contractor represents that
Contractor possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Contractor shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Contractor
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 Eauipment. Contractor shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Contractor no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Contractor shall, at Contractor'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. Contractor shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Contractor's obligations pursuant to
this Agreement.
9. Inspection. Contractor 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
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PROFESSIONAL SERVICES AGREEMENT
Sept 2018 6
inspection and approval by the City. The inspection of such work shall not relieve
Contractor of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Contractor 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 Contractor's
performance of the Services.
11. Confidentialitv. In the course of Contractor's employment, Contractor may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Contractor 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. Contractor 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 mamler or degree with the performance of the Services
hereunder. Contractor further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Contractor 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, Contractor will immediately advise City and City may, at its
sole discretion, immediately terminate this Agreement. Certain Contractors 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 Contractors
subject to the City's Conflict of Interest Code include those whose work may involve:
malting 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. Contractor agrees to comply
fully with all such requirements to the extent they apply to Contractor's performance of
the Services.
13. Contractor No Atient. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Contractor shall perform all the Services in a manner
consistent with the standards of Contractor's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Contractor'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. Contractor 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
3
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 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. Comoliance With All Laws. Contractor 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. Contractor'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, Contractor shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Contractor 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 Contractor shall promptly provide to the City documents
and information verifying Contractor'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 Contractors 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. Contractor'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, Contractor 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
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PROFESSIONAL SERVICES AGREEMENT
Sept 2018 8
(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 Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Jared Hall. Transit Division Manager
Citv of Petaluma, PW&U Division.
555 N. McDowell Blvd.
Petaluma, CA 94954
Phone: 707-778-4421
Fax: 707-776-3799
Email: ihall a,citvofbetaluma.ora
Contractor: David T.W. Lee. P.T., C.E.O.
C.A.R.E. Evalutaors, Inc.
27068 La Pass Road, #415
Aliso Vieio, CA 92656
Phone: 949-230-1792
Fax: 949-448-8037
Email: david a,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 Contractor 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, Contractor 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 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 Contractor's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 9
The Contractor's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Contractor's inability to evaluate Liability, or because
the Contractor evaluates Liability and determines that the Contractor is not or may not be
liable. The Contractor 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 Contractor 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 Contractor
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 Contractor accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Contractor prior to Contractor's
acceptance of tender, Contractor 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 Contractor waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Contractor arising out of or in connection
with the Services or Contractor's failure to comply with any of the terms of this
Agreement. The defense and indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Contractor'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, Contractor's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors"
in Exhibit B, attached hereto and incorporated herein by reference.
City reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. City's failure to demand evidence of full
compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during
the performance of this Agreement.
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
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PROFESSIONAL SERVICES AGREEMENT
Sept 201810
25. Litigation. If litigation ensues which pertains to the subject matter of Contractor's
services hereunder, Contractor, upon request from City, agrees to testify therein at a
reasonable and customary fee.
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 under 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 full force and effect.
29. Severabilitv. 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. Contractor's Books and Records.
A. Contractor 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 Contractor pursuant to this Agreement.
B. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum 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 Contractor's address indicated for receipt of
notices in this Agreement.
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PROFESSIONAL SERVICES AGREEMENT
Sept 201811
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor'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 Contractor, Contractor's representatives, or
Contractor's successor in interest.
33. 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.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Contractor
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 respect to
the Services, and supersedes all prior agreements 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
CONTRACTOR
City Manager
ATTEST:
Name
o Ink a
Title
42777-2 v"Gbh lJv {�cr�
City Clerk
APPROVED AS TO FORM:
Address
"
State Zip
City Attorney
Taxpayer I.D. Number
L - l) C).S 14Fa.?
Petaluma Business Tax Certificate Number
file name:
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PROFESSIONAL SERVICES AGREEMENT
Sept 201812
71[f 'A
k.
Kim
Submitted to:
Transit Division , Transit Operations Building
45 Stony Point Rd.
Santa Rosa, CA 95401
Submitted on:
May 6, 2019
Submitted By:
Contact: David T.W. Lee, P.T., C.E.0
2_7068 L,a Paz Road #415
Aliso VieJo, CA 92656
(940123)0-179`
Fax (949) 448-8037
david(t-t),careevaluators.com
13
C.A.R.E. has answered over two million customer calls, processed over one million paratransit
applications, and has evaluated over three-quarters of a million people for ADA Paratransit
Eligibility Certification. With 25 years of paratransit industry experience in providing Paratransit
Evaluation, Travel Training, Appeals, Call Center operation, Mobility Management, and Rider
Safety Training, C.A.R.E. provides experience and an in-depth knowledge of paratransit services.
C.A.R.E. Evaluators, Inc. provides confidence to the cities of Santa Rosa and Petaluma that their
paratransit evaluation programs are in safe hands.
Having provided Paratransit Evaluation services to the Cities since 2007, C.A.R.E. has a proven
track record:
• Cooperative working relationship
• Budgetary responsibility
• Successful audits
• Responsiveness to the community
The C.A.R.E. Evaluators philosophy is embedded in the name of the company itself: Care. Founder
David Lee supports the empowerment of those with disabilities. It is in this belief that C.A.R.E. is
committed to treating all transit applicants, including applicants with disabilities, with caring and
dignity to allow them full participation in their communities. Transportation, in particular, opens
up the world and allows people independence for life necessities such as traveling to the doctor
and shopping for food.
C.A.R.E. also recognizes that governmental financial limitations necessitate that riders use only
the most appropriate services to ensure their maximum independence. it is through a high
standard of customer service, the use of C.A.R.E.'s software, Access Services Management
System (ASMS), and high-quality paratransit evaluations that C.A.R.E. distinguishes itself.
As an innovator in the field, C.A.R.E. created the first paperless in-person system with our
dedicated paratransit software: ASMS. C.A.R,E. uses custom instances for Santa Rosa and
Petaluma to manage its operational and administrative processes regardi-rig-ptigNtity-
17717'r.Z77 c * m a. r I y ioso,*nT, is To c*n 1-1101151T 'Fn,*r*vt y e sef ices T
to our customers, C.A.R.E. welcomes open dialogue with our contracting agencies. C.A.R.E. strives
to treat customers courteously and professionally, with respect and sensitivity to their specifto
transit needs, C,A.R,E. is dedicated to being a good neighbor to the businesses in its area and to
contributing to the well-being of the surrounding community.
Evaluators Inc. RFP 419-28
FUNCTIONAL ASSESSMENTS TO DETERMINE ELIGIBILITY FOR ADA «A. .r SERVICES
14
A
As a Disadvantage Business Enterprise (DBE), C.A.R,E, will assist the Cities in achieving their DBE
goals.
C.A,R.E. acknowledges the Q and A Set I and Set 2, including Informal Notification of April 29,
2019.
•MINOR 1! 11 iiiiiiiiii INI Ill IN I I I
MC110113 1=0
The Proposer represents that the following person is authorized to negotiate on its behalf with
the Cities of Santa Rosa and Petaluma in connection to this RFP.
President/C.E.0 (949) 230-1792
David T.W. Lee, P.T. Title Phone
David T.W. Lee, P.T.
(949) 230-1792
Llavid Wcoreevolu.orOrS.COM
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low=*=
M Cowan Suite J
Burlingame, CA 94010
Corporate Mailing Address:
27068 La Paz Road #415
C.A.R.E. Evaluators Inc. RFP #19-28
U-111T.TiAAW-11, Jrn-LU, JYjL#,J, 4AL PA_jj9jji1ISjT U2-VJ-C-E
15
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As the current provider of Paratransit Eligibility services for Santa Rosa and Petaluma, as well as
the Paratransit Eligibility provider for Napa, San Mateo County, and Solana County, C.A.R.E. has
the highest familiarity with the paratransit rider policies, eligibility guidelines, service areas, fixed
route networks, fare options, and local streets for the Cities
and other Bay Area regions.
C,A.R,E. currently successfully works
partnership with the Cities by providi
Paratransit Eligibility Call Center a
Scheduling services, In -Person Evaluatio
Recertification, Auto -Renewal processin
Fulfillment, and Management service
C.A.R.E. res-tects the bud . . . n1fil
the Cities and strives to bring the be
possible value balancing customer servic
quality, and financial responsibility. I
C.A,R,E.'s paperless evaluation system is
ASMS, our custom paratransit eligibility
software. This custom software has recently
been enhanced and remains up to date with
cyber security measures. ASMS's data
management capabilities provide the ability
to review cases and eligibility decisions in each determination category. This system allows the
Cities to manage, review, and print customer -related information from their desktops. Each city
has a unique instance that can continue to be enhanced in response the needs of the Cities.
C,A.R.E. has an active corporate presence in the management and oversight of the local
contracts. C.E.0, David Lee is accessible and responsive to the Cities and offers a cooperative
relationship,
Illijillil.
CAR.E. Evaluators Inc. RFP #19-28
IT� EXt 411 LUUT2
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16
The process begins when a potential applicant contacts the Call Center. At this stage,
initial information is exchanged between the 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, The Call Center Customer Service
Representatives will be available to offer information about other transit option and may
mail or email clients information upon request.
Providing clients with information upon first contact results in time savings for clients and
cost savings for Santa Rosa and Petaluma. Call Center Representatives will schedule
appointments, maintain the schedule, and work with the transportation providers to
arrange transportation to and from the Evaluation Facility.
C.A.R.E. Evaluators Inc. RFP #19-28
El
17
o� wrl�
iW
The process begins when a potential applicant contacts the Call Center. At this stage,
initial information is exchanged between the 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, The Call Center Customer Service
Representatives will be available to offer information about other transit option and may
mail or email clients information upon request.
Providing clients with information upon first contact results in time savings for clients and
cost savings for Santa Rosa and Petaluma. Call Center Representatives will schedule
appointments, maintain the schedule, and work with the transportation providers to
arrange transportation to and from the Evaluation Facility.
C.A.R.E. Evaluators Inc. RFP #19-28
El
17
o� wrl�
The process begins when a potential applicant contacts the Call Center. At this stage,
initial information is exchanged between the 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, The Call Center Customer Service
Representatives will be available to offer information about other transit option and may
mail or email clients information upon request.
Providing clients with information upon first contact results in time savings for clients and
cost savings for Santa Rosa and Petaluma. Call Center Representatives will schedule
appointments, maintain the schedule, and work with the transportation providers to
arrange transportation to and from the Evaluation Facility.
C.A.R.E. Evaluators Inc. RFP #19-28
El
17
Customer demand and appointment
availability will be monitored on an
ongoing basis by Cynthia Bullock,
M,A., C.OOt Ms. Bullock is
experienced in analysis and
supply/demand projection and will
take a proactive approach to
appointment management so thai
applicants will be offered an evaluation appointment within 2 weeks of calling for an
appointment, During peak periods, should customer demand be projected to exceed the
usual appointment availability, C.A.R.E. management will contact the Cities' staff to
discuss opening an additional appointment date if necessary. An additional appointment
at will be added should it be deemed necessary. Applicants will be scheduled for trip
appointments in accordance with the transit schedule provided by the Cities.
C.A.R.E, staff will attempt to contact each applicant one business day prior to the
appointment date with the pick-up time provided by the transit provider. Pick-up and
appointment times will generally be provided by phone but may be provided by text or
email upon applicant request. Clients providing their own transportation to the
appointment will receive a reminder call.
J
A C.A.R.E. Transit Mobility Specialist (TMS) will be responsible for
• Monitoring the arrival and departure of applicants
• Addressing transit issues on-site
• Monitoring applicants while waiting for their evaluation and return trip pick-up
• Obtaining a signature for consent to evaluation
• Verifying the applicant's personal information
• Obtaining and attaching a photo of the applicant and a photo of an applicant ID
to the evaluation record
• Attaching a copy of relevant documents to the electronic record
• Answering questions about the evaluation process
C.A.R.E. Evaluators Inc, RFP #19-28
IN
I
All applicants are evaluated individually by TEs.provides qualified TEs to meet
requirements involved with conducting paratransit eligibility evaluations. TEs possess
excellent skills with people of varying cognitive and physical abilities, documentation
skills, and excellent written and oral communication skills.
• Conducting in-person interviews of applicants to identify their functional transit
abilities
• When appropriate, performing in-person functional evaluation of the applicant's
ability to use public transportation
• Providing recommendation of the eligibility determination for paratransit for the
applicant based upon physical, visual, and cognitive evaluation
• Providing a report that clearly documents the eligibility determination and
includes supportive information
• Completing evaluation documentation offsite when necessary to maximize the
number of applicants evaluated per day and complete evaluation process within
5 business days. Offsite completion hours are billable under the TE hourly rate.
C.A.R.E. Evaluators Inc. RFP #19-28
LLAS_�_SALEA i P 42.4-12,
19
I
0 Reviewing evaluations after they have undergone the quality assurance process,
making adjustments to the evaluation based upon QA feedback, and reviewing
QA notes for ongoing training
Qualifications include:
An associate or bachelor's degree in an allied health, mental or behavioral health, or
special education field, or equivalent in education and experience; two years of
experience in working with people with disabilities; familiarity with functional and
cognitive abilities, their prognoses, and medications used to treat individuals with a wide
range of disabilities; knowledge of ADA paratransit eligibility criteria and service
requirements; familiarity with all fixed -route services; sensitivity to people with
disabilities, including physical and cognitive disabilities.
The In -Person Evaluation begins with initial observations, a review of any documentation
brought to the appointment by the applicant, and an interview of the applicant by the TE,
with an emphasis on obtaining information regarding the applicant's functional abilities
in the use of fixed transit. Functional testing for visual, auditory, physical, and cognitive
skills is conducted based upon the applicant interview and initial observations. TEs
continue with the transit evaluation and functional testing until they have sufficient
information to make an eligibility determination, Once the TE has sufficient information,
the in-person evaluation and functional testing are complete, information is documented,
and the initial eligibility determination is made along with a recommendation on the
necessity of a PCA and travel training when appropriate.
After the initial evaluation has been completed, the
evaluation undergoes a Quality Assurance (QA)
review. During QA review, the evaluation is first
checked by the CSR staff to ensure the necessary
signatures, documents, and photos are attached to
the record. in addition, the evaluation itself is
reviewed for accuracy and completeness by either
the Office Manager or a Corporate staff member, and
feedback is provided to the TE as necessary.
The purpose of the QA process is two -fold. First, it ensures a high-quality evaluation with
high inter -rater reliability. In addition, the QA provides a vehicle for on-going staff training
and development, both for the TE and the TMS,
C.A.R.E. Evaluators Inc. RFP #19-28
is-111-T-S-MCILCLUALIA1 P-ELUiLli UJY_YLE*_V_h' 1'r 4, P
20
I
HIGHEST UPHELD
APPEALS RATE
in the industry
C.A,R.E. maintains the most rigorous quality control in the
industry through the QA review of every in-person
evaluation. C.A.R.E. has the highest upheld appeals rate in
the industry.
Evaluations will be completed through the QA process and will be ready for review within
5 business days from the date of evaluation. The Cities will be notified by email when the
evaluations for each date are ready for review. The Cities will be able to access the entire
evaluation directly through ASMS. The Cities will notify C.A.R.E, of approval.
Once the Cities have approved the evaluation for processing, the evaluation will undergo
the fulfillment process. The fulfillment process includes: data entry into ASMS, data entry
into the RED database by eligibility level of Conditional, Trip by Trip, or Full, and by term
of Temporary, Permanent, or Auto Renewal, along with eligibility restrictions, if any;
creation of the Paratransit ID card; and, mailing of the determination packets with the
letter in accessible format along with all required materials. All determinations are sent
within 21 days of the evaluation, most, however, are sent within 10 business days of the
evaluation. Denials may be sent by mail or by email if requested,
At least 60 days prior to the client's expiration month, a list of all clients whose eligibility
is expiring will be generated and ASMS updated with the clients' current information
obtained from RED so that both databases are consistent and updated. Clients without
an auto -renewal designation will be sent an auto -renewal application along with an
expiration notice letter. The expiration notice will notify them when their eligibility will
be expiring and that they will need to submit the auto -renewal application to continue
eligibility.
Those clients whose eligibility is expiring without an auto -renewal designation will be
mailed an expiration notice letter stating that their eligibility is expiring and that they will
need to
•! via an in-person evaluation •
Should C.A.R,E. be notified that a client has moved out of the area or is deceased, it will
be so noted in RED.
C.A.R.E. Evaluators Inc. RFP #19-28
FUNCTIONAL ASSESSMENTS TO DETERMINE ELIGIBILITY FOR ADA PARATRANSIT SERVICES
21
9
Applicants will be provided with Presumptive Eligibility when paratransit need is urgent,
such as for dialysis, chemotherapy, or radiation treatment. Applicants with Presumptive
Eligibility will be tracked for follow-up for a full evaluation.
X
A request for an appeal will be communicated to the Cities. All information associated
with the applicant's case will be provided to the Cities to assist them with scheduling and
reviewing the appeal according to the Cities' appeal process.
C.A.R.E. communicates through email with the Cities
when a batch of evaluations is ready for review.
Authorized managers may review applicant
materials through a dedicated and password -
secured website using C.A.R.E.'s ASIVIS system.
Authorized managers at the Cities have access to ASMS for generation of ad hoc reporting
at any time.
Monthly Report
A custom report will be created for the Cities as per the RFP Attachment B —,SAMPLE" of
Monthly Reporting from Contractor.
C.A.R.E. Evaluators Inc. RFP 419-28
FUNCTIONAL ASSESSMENTS TO DETERMINE ELIGIBILITY FOR ADA PARATRANSIT SERVICES
Vol
22
on"Wo,,cl @hO"�, ':JN',
EV
PkT, na"a
Applicants will be provided with Presumptive Eligibility when paratransit need is urgent,
such as for dialysis, chemotherapy, or radiation treatment. Applicants with Presumptive
Eligibility will be tracked for follow-up for a full evaluation.
X
A request for an appeal will be communicated to the Cities. All information associated
with the applicant's case will be provided to the Cities to assist them with scheduling and
reviewing the appeal according to the Cities' appeal process.
C.A.R.E. communicates through email with the Cities
when a batch of evaluations is ready for review.
Authorized managers may review applicant
materials through a dedicated and password -
secured website using C.A.R.E.'s ASIVIS system.
Authorized managers at the Cities have access to ASMS for generation of ad hoc reporting
at any time.
Monthly Report
A custom report will be created for the Cities as per the RFP Attachment B —,SAMPLE" of
Monthly Reporting from Contractor.
C.A.R.E. Evaluators Inc. RFP 419-28
FUNCTIONAL ASSESSMENTS TO DETERMINE ELIGIBILITY FOR ADA PARATRANSIT SERVICES
Vol
22
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 training referral
• Eligibility expiration date
Management Statistical Report
The Management Statistical Report include
0 Number of applicants interviewed I
ASMS is the Cities'current
customized paratransit system
for CONTINUITY of Set -vices
• 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
Upload Table
The Upload Table shows the daily number of evaluations completed and uploaded.
Rider Profile Report
The Rider Profile Report is submitted electronically via ASMS and is accessible at any
time upon completion of evaluation.
Please see samples of these reports under the Appendix C.
Additional Reporting
In addition to these, there are numerous reports that are available at any time to
authorized account users.
CARE. Evaluators Inc, RFP #19-28
FtJNCTI#,1UJ_aSSESSiAXjTS TO #ETE1*.1JI1*k1E ELIGIMLITY F*Q
ff#j
23
II i I i
III NN WIN OEM �
,applicant Injury
After the initial assessment of the severity of an injury, the Evaluator will ask the applicant
if they need further assistance. 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 Cities.
Evocuotion Emergency
Staff follows the building protocol at the location. C.A.R.E. requests inclusion in safety
drills. 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.
C.A.R.E.'s Contract/Program Manager is David Lee, Physical Therapist and C.E,O. of C.A.R.E.
Evaluators. Mr. Lee will have full responsibility for oversite of the contract.
In addition, Cynthia Bullock, M.A. and Chief Operations Officer, will provide oversight of quality
of evaluations, ongoing training, scheduling analysis, and staff efficiency.
Under Mr. Lee is Regional Office Manager, Christine Cuevas. Ms. Cuevas is responsible for local
operations. Ms. Cuevas is the point of contact for day-to-day local operational issues.
C.A.R.E, Evaluators Inc. RFP #19-28
FUNCTIONAL ASSESSMENTS TO DETERMINE ELIGIBILITY FOR ADA PARATRANSIT SERVICES
on
ME
C.A.R.E. Evaluatrs, Inc. was founded by David T.W. Lee,
Physical Therapiost and Chief Executive Officer. C.A.R.E.
C,A.R.E, has a PROVEN
Evaluators, LLC was created in 2002 to consolidate C.A.R.E. history of SUCCESSFUL
Physical Therapy and C.A.R.E, Worksite Evaluators, which FTA, DOT and Office of Civil
had been operating for the prior fifteen years and seven Rights ITS and reviews
years respectively. C.A.R.E. Evaluators is a wholly owned
corporation with an incorporated in January of 2015.
C.A.R.E. is a certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise
(SBE).
C.A.R.E. entered the paratransit industry when it obtained its first contract for Access 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.
C.A.R.E. has a long history of successful reviews and audits by the Federal Transportation
Administration (FTA), Department of Transportation (DOT), and the Office of Civil Rights. The FTA
and Office of Civil Rights reviewers gave glowing reports on C.A.R.E.'s process and remarked on
the high quality of customer service and the caring and connection that C.A.R.E. employees
demonstrated with customers.
Over two million customer service calls have been
EXPERIENCE -
answered, one million paratransit applications
Over TWO MILLION customer service
processed, and three-quarters of a million people
calls, ONE MILLION paratransit
have been evaluated for ADA Paratransit Eligibility
applications process, THREE-
QUARTERS OF A MILLION people Certification by C.A.R.E. Evaluators. With 25 years of
EVALUATED paratransit industry experience in providing
Paratransit Evaluation, Travel Training, Appeals, Call
Center operation, Mobility Management, and Rider
Safety Training, C.A.R.E. provides experience and an in-depth knowledge of paratransit services.
C.A.R.E. brings the Cities excellent quality, value, and experience with the transportation needs
of seniors and people with disabilities.
C.A.R.E. has completed all contracts and exercised all approved contract options. C.A.R.E. has
never defaulted on a contract. C.A.R.E. is not involved in, nor has it ever been involved in, any
contract litigation,
CAR.E. Evaluators Inc. RFP #19-26
Mj1.C1L*jj4L JSSESSUEUTS TO DETEU
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25
EXHIBIT B
INSURANCE REQUIREMENTS
FOR ALL AGREEMENTS
Contractor's performance of the Services under this Agreement shall not commence until Contractor
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.
Contractor shall procure and maintain for the duration of the contract all necessary insurance against
claims now and in the future for injuries to persons or damages to property which may arise from or
in connection with the performance of the Services by the Contractor, the Contractor's agents,
representatives, employees and subcontractors.
A. Required Minimum Scope of Insurance
Coverage shall be at least as broad as:
❑ Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
❑ Insurance Services Office form covering Automobile Liability (any auto).
❑ Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
❑ Professional Liability/Errors and Omissions
❑ Crime/Employee Blanket Fidelity Bond
❑ Property Insurance against all risks of loss to any tenant improvements or betterments.
❑ Pollution Liability Insurance
❑ Garage Liability
❑ Garagekeepers Insurance
❑ Technology Professional Liability Errors and Omissions Insurance (IT
Consultant)/Cyber Liability
❑ Abuse or Molestation Liability Coverage
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
❑ 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.
❑ Products/Completed Operations: $1,000,000 per occurrence/aggregate.
❑ Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
❑ 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.
❑ Professional Liability/Errors and Omissions: $1,000,000 per occurrence or claim. If the
policy provides coverage on a claims -made basis, the retroactive date must be shown and
must be before the date of the Agreement or the beginning of the contract work.
NM
❑ Crime/Employee Blanket Fidelity Bond - $1,000,000: Contractor, at its own cost and
expense, must maintain a Crime/Employee Blanket Fidelity Bond in the amount of
$1,000,000 per employee covering dishonesty, forgery, alteration, theft, disappearance,
destruction (inside or outside).
❑ All Risk Property Insurance: Full replacement cost.
❑ Pollution legal liability with limits no less than $1,000,000 per occurrence or claim and
$2,000,000 policy aggregate. If the policy provides coverage on a claims -made basis, the
retroactive date must be shown and must be before the date of the Agreement or the
beginning of the contract work.
❑ Garage Liability: $1,000,000 per occurrence.
❑ Garagekeepers Insurance: $1,000,000 per occurrence.
❑ Technology Professional Liability Errors and Omissions Insurance appropriate to the
Consultant's profession and work hereunder, with limits not less than $1,000,000 per
occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as
is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims
involving infringement of intellectual property, copyright, trademark, invasion of privacy
violations, information theft, release of private information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
1. The Policy shall include, or be endorsed to include, property damage liability
coverage for damage to, alteration of, loss of, or destruction of electronic data and/or
information "property" of the City in the care, custody, or control of the Consultant. If
not covered under the Consultant's liability policy, such "property" coverage of the
City may be endorsed onto the Consultant's Cyber Liability as covered property as
follows:
2. Cyber Liability coverage in an amount sufficient to cover the full replacement value
of damage to, alteration of, loss of, or destruction of electronic data and/or information
"property" of the City that will be in the care, custody, or control of the Consultant.
3. The Insurance obligations under this agreement shall be the greater of 1) all the
Insurance coverage and limits carried by or available to the Consultant; or 2) the
minimum Insurance requirements shown in this Agreement. Any insurance proceeds
in excess of the specified limits and coverage required, which are applicable to a given
loss, shall be available to the City. No representation is made that the minimum
Insurance requirements of this Agreement are sufficient to cover the indemnity or other
obligations of the Consultant under this agreement.
❑ Abuse or Molestation Liability Coverage: $1,000,000 per occurrence; $2,000,000
aggregate.
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 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. Policies containing any self-
insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may
be satisfied by either the named insured (Contractor) or the City.
27
City reserves the right to review any and all of the required insurance policies, declaration
pages, and/or endorsements, but has no obligation to do so. City's failure to demand evidence
of full compliance with the insurance requirements set forth in this Agreement or City's
failure to identify any insurance deficiency shall not relieve Contractor from, nor be
construed or deemed a waiver of, its obligation to maintain the required insurance at all times
during the performance of this Agreement.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. Additional Insured: 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. Primary and Non -Contributory: 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. Waiver of Subrogation: Consultant agrees to waive subrogation rights for
commercial general liability, automobile liability and worker's compensation 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.
W.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
AXII.
F. Verification of Coverage
NOTE: The City of Petaluma is now using an online insurance program, PINS
Advantage. Once you have been awarded a contract with the City of Petaluma, you will
receive an e-mail from PINS Advantage/City of Petaluma requesting that you forward
the e-mail to your insurance agent(s). Consultant shall furnish the City with Certificate of
Insurance along with Declarations and 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.
ME
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal 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 "Agreement") 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 PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, 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 Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental 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 the 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
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 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 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012 30
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Paratransit Elifzibility Determination Services for Citv of Pctaluma
Date:
-7A oil -q
(Print Name of Covered Entity/Business Capacity)
By a.J�
(Print Name)
/s/ ,�, s
(Signature)
Its9" /J ;fid
(Title /Capacity4o Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
31
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND H1.,ALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL, RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASI.: PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE": 1q0VLe--.,
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
32