Schulz v. Bay Area Motivate, LLC et al

Filing 56

ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE. Signed by Judge Maxine M. Chesney on June 7, 2021. (Attachment: # 1 Exhibit A)(mmclc1S, COURT STAFF) (Filed on 6/7/2021)

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EXHIBIT A John Schulz v. Metropolitan Transportation Commission; City and County of San Francisco. Case No. 3:19-cv-02134-MMC ITEM Program Overview Start Date Hours Duration Device Types Location Staffing/ Assistance Reservations/ Scheduling COVID Protocols Outreach and Evaluation Outreach/ Promotion DESCRIPTION Continue SFMTA/Lyft/BORP pilot started in July 2019 (initial pilot did not conclude because of COVID and shelter in place in March 2020) Earliest start date of Sunday, May 2, 2021, contingent upon public health data and guidance from both Department of Public Health and SF Rec and Parks. Defendants will also ensure that there is at least one month of outreach to the public (as outlined below) regarding the adaptive bikeshare pilot prior to restarting the program. If the Pilot must be interrupted for more than two consecutive months, Defendants agree to engage in similar promotional activities again as outlined below beginning one month prior to restarting the pilot program. Sundays, 10 am – 4 pm 26 sessions (approximately 6 months) Upright handcycle Recumbent handcycle Recumbent trike Recumbent trike tandem Side-by-side tandem bicycle Golden Gate Park near McLaren Lodge, car-free JFK Nearby newly renovated accessible restrooms Accessible parking available adjacent to McLaren Lodge Golden Gate Park is currently served by SFMTA lines: N Judah, 5 Fulton, 7 Haight/Noriega, 28 19th Avenue, 91 3rd Street/19th Avenue Owl Staffed by BORP, the region’s leading provider of accessible recreation and adaptive sports for people with mobility-related disabilities, whose employees will be on-hand to fit, train and assist riders on how to use the adaptive bikes. Adaptive equipment includes supportive pedals, seats and straps, and hand pedals for quad-level SCI riders. Defendants will confer with BORP to add a reservation system if feasible for those that want a reservation, but the program will also accept walk-ins when cycles are available. BORP will maintain a minimum of 50% of the fleet for walk-in users. BORP has been operating under COVID restrictions since June 2020 and will complete and comply with Rec and Park required Health Plan. Conduct evaluation and outreach throughout program and provide recommendations at the conclusion. Completion of evaluation expected approximately six months after completion of the pilot program. BORP - Web, members, social media; Oakland Youth Council, veterans groups, Center for Independent Living, Hospitals/recovery centers, 1 C:\SVR\Cases\FORD GO-BIKE\Settlement\2021-03-26 Settlement Exhibit A (01104076xBDC14).docx ITEM Evaluation Goals and Questions DESCRIPTION NorCal SCI (Spinal Cord Injury), UC Berkeley School of Optometry, Lucas Tobin (ADA Coordinator, SF Rec and Park), Retirement centers. Lyft - social media, web, stakeholder emails, postcard, create a blurb, SFMTA – SFMTA Multimodal Accessibility Advisory Committee, SF Mayor’s Office on Disability and Mayor’s Disability Council, SFMTA Paratransit Coordinating Council, web/social media, Moving SF, distro cards, SF Paratransit Mobility Management Department, regional disability listserv, Independent Living Resource Center San Francisco, The ARC SF, San Francisco Recreation and Parks Department, outreach to area bike rental shops Within one week after all parties have signed the Settlement Agreement, Plaintiff to provide list of additional emails for stakeholders and organizations to receive information, for example wheelchair basketball teams Joint Press Release by SFMTA, Lyft and BORP Promotion Materials (See sample below from 2019) – Will be revised to delete Oakland references and add details on the adaptive bikes, promote nearby Bay Wheels bikeshare locations for companions, and transit options. Help determine the future of adaptive bikeshare programs in San Francisco. Make a recommendation for what happens after the pilot by considering the following questions, based on information available through outreach and user surveys: Find out what people learned after participating in the program? Who are the participants? Where are they from? What are their physical limitations? Was the program able to serve them? How many participants are first-time adaptive bike users? How do participants get around? What modes of transportation do they use? What is the demand for an adaptive bike program? What are the elements of such a potential program? How do we best market the program? What are barriers (actual and perceived) to trying the program offered in Golden Gate Park? What do people want out of a program like this? Recreational rental or point-to-point transportation? Access to the program - by what mode of transport? Where do people want to use this (like Great Highway, Embarcadero, Lake Merced)? How frequently will individual users participate in an adaptive bike program? Is there willingness to pay a subscription fee or a per-ride fee? What is the demand or need for personal attendants to assist with devices? 2 C:\SVR\Cases\FORD GO-BIKE\Settlement\2021-03-26 Settlement Exhibit A (01104076xBDC14).docx ITEM Stakeholder Feedback Data Analysis Reporting DESCRIPTION What day of the week is desired? How many days of the week would they use the program? Optional short survey given at time of trip to all system users – will be conducted at end of trip by BORP staff Online survey distributed similarly to outreach/promotion list Follow-up survey to users 1-2 months after use (user sign-up for updates will be optional) Present to SFMTA Multimodal Accessibility Advisory Committee, SF Mayor’s Disability Council, Bicycle Advisory Committee, etc. and request feedback Cost of operating program Number of trips Number of unique and repeat users Survey analysis Complete evaluation report and recommendations will be complete within 6 months of the end of the pilot program. Provide recommendations for an adaptive bike program in San Francisco, including whether additional study is needed. Two months after conclusion of pilot: Produce preliminary evaluation report summarizing above data and results of pilot. Both will be publicly available and published on website. Recommendations will be reported to the Metropolitan Transportation Commission. 3 C:\SVR\Cases\FORD GO-BIKE\Settlement\2021-03-26 Settlement Exhibit A (01104076xBDC14).docx

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