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Long-delayed paratransit debit-card plan propels MTA broker extension after committee stalemate

San Francisco Board of Supervisors Finance Committee · March 19, 2008
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Summary

The Finance Committee referred MTA—s requested two-year extension of the paratransit broker contract (ATC Vancom) and a scope addition to implement the paratransit debit-card system to the full Board without recommendation after intense debate about delays, incentives and penalties; the budget analyst had urged a one-month continuance to renegotiate stronger penalties and require a rebid.

The San Francisco Municipal Transportation Agency asked the Finance Committee on March 19 to approve Amendment No.7 to extend the paratransit broker agreement with ATC Vancom for two years and to add responsibility for implementing a long-delayed paratransit debit-card system. The request prompted a protracted committee debate about project history, contractor incentives and the absence of penalties for further missed deadlines.

MTA staff and riders— representatives said the program is finally in a position to go forward: MTA described recent reorganization and new internal leadership as giving the project renewed momentum, and multiple taxi industry groups and paratransit stakeholders testified in favor of the extension, arguing further delay would be costly to users and the industry.

But the budget analyst raised two persistent concerns: (1) the amendment included new incentive payments (the analyst noted $85,000 in incentives and an increased project scope) but lacked corresponding penalties or liquidated damages that would motivate timely completion; and (2) the paratransit broker contract had been scheduled for rebid under previous Board instructions but had not been rebid. The budget analyst recommended a one-month continuance to renegotiate stronger incentives/penalties and to ensure the MTA rebids the broker agreement during the extension.

MTA staff argued that the broker had not previously been responsible to develop the debit-card system and that the broker is the most practical entity to integrate the technology into existing operations. MTA also said it planned to rebid the broker agreement during the extension period, and MTA staff moved quickly to shift some incentive dollars to a final full-implementation incentive after budget-analyst feedback.

After extended discussion and multiple public speakers (taxi associations, medallion holders, drivers and paratransit advocates), the committee voted to refer the item to the full Board without recommendation and asked MTA staff to intensify negotiations with the contractor on the dispute over disincentives and to report back promptly. The committee preferred sending the issue to the Board rather than risk service interruption by rejecting the amendment outright.

Quotes:

"There is only one sticking point between the department and the budget analysts: the disincentive program," the MTA said in its written response.

"We are in the best position we've ever been to get this thing done," said a taxi-industry witness who supported the broker extension.

Next steps: The full Board will consider the amendment. The committee requested that MTA pursue new contract language addressing penalties and that MTA report progress back to the committee/Board as they negotiate with the contractor.

Authorities referenced: procurement history of the broker agreement and standard municipal contracting practices; budget analyst sought clearer contract language for incentives/penalties and an explicit rebid plan.