D 2002 October-December Independent Monitor Quarterly Report

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    Access Living, et alvs. Chicago Transit AuthorityNo. 00 C 0770

    Settlement Agreement

    QUARTERLY REPORTOF

    INDEPENDENT MONITOR

    Report 44th Quarter (October - December) 2002

    Shelley A. SandowIndependent Monitor

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    *** For the following items, the language is within 45 days of the effective date of the settlement Item 9 - Customer Service Controllers Item 12 - Customer Complaints Item 13 - Disciplinary Guidelines Item 17 - Performance Control Specialists

    This would mean 12/23/01.*** Item 22 - Independent MonitorThe CTA shall give notice within 45 days after the effective date of the settlement. (before retaining amonitor)

    This would mean 12/23/01.*** If plaintiffs do not agree with the CTAs selection, the CTA shall propose retention of another Monitorwithin 21 days after plaintiffs rejection.

    There is no time frame given for the plaintiffs attorneys to respond to the CTA, so 21 days after plaintiffsrejection would be 1/14/02 at the earliest.

    Submitted by:

    Shelley A. SandowIndependent MonitorJanuary 31, 2003

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    FINDINGS

    1. Bus Audio-Visual Displays. The CTA shall install audio-visual equipment on its bus fleet that will displaybus stop information in both audio and visual formats. The CTA shall comply with the applicable ADAregulations in determining which bus stops will be displayed. The CTA shall install the audio-visualdisplay equipment on all of its buses in revenue passenger service on December 31, 2003, except for

    those buses that the CTA plans to retire from service on or before December 31, 2004.

    STATUS 12/31/02 - COMPLIANCE IN PROCESS

    CTA received four proposals for the Automatic Voice Annunciation system (AVAS), and awarded the contracton August 7, 2002 to Clever Devices of Syosset, N.Y. Clever Devices has previously installed their system inbuses in Washington, Dallas, Baltimore, Boston, Pittsburgh, and other cities. Production installation of theAVAS began in November and is proceeding at a good rate. 122 Nova buses at the Chicago Avenue garageand 75 buses at the North Park garage have had the system installed at the time of this report. In its currentphase, the system is announcing the route and destination of the bus externally and displaying the date andtime on the internal LED sign. The contract calls for installation on 1,432 buses to be completed byDecember 31, 2003.

    During the third quarter, four CTA buses were equipped with the system for testing and CTA provided

    opportunities for people with disabilities to pilot the system. Various people with disabilities provided in-depth feedback, which CTA reports has been very effective.

    The specifications for volume control in the Request for Proposal (RFP) state, The Automatic VoiceAnnunciation System (AVAS) must be capable of automatically controlling the volume level of theannouncement relative to ambient noise. The system must be capable of detecting ambient noise andperforming the automatic volume control (AVC) functions. The AVAS will control and adjust the interior andexterior volume levels independent of one another. The interior and exterior volume must have an adjustableminimum and maximum volume. The AVC feature must adjust the volume within those set ranges. The AVCsensitivity must also be adjustable. The bus stop data management system must manage these adjustmentsand all other system parameters. Maintenance personnel must have maintenance password access tovolume adjustments on the vehicle via the Operator Interface.

    In its final form, the AVAS will announce the route and destination of the bus externally, and will announcestops and certain public service announcements internally. The bus number is given on a sign panel insidethe bus in text and Braille. CTA is working with the vendor to see if it is possible to provide verbalannouncements of the run number.

    CTA also expects to purchase 226 new articulated buses and approximately 430 standard buses in 2003 or2004. All new buses will have the AVAS.

    2. Rail Audio-Visual Displays. If during the term of this Settlement Agreement the CTA orders passengerrail cars, such rail cars shall be equipped with audio-visual displays that communicate station stop andother customer service and safety information.

    STATUS 12/31/02 - FOR FUTURE FOLLOW-UPCTA currently has a total of 1,190 railcars in service. CTA had released a Request for Proposal (RFP) for406 new railcars on April 15, 2002 to replace the CTAs existing 2200- and 2400-series cars, as well asprovide additional growth vehicles. The RFP closing date was October 15, 2002. CTA reports that the statusof their new purchase changed because they found that an improved technology is now available for newrailcars. They consequently withdrew the above-cited RFP and will issue a new one in late 2003 thatincorporates the new technology. These new railcars will include audio-visual displays, as required. Theclosing date for the new RFP will probably be in mid-2004.

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    The Settlement Agreement does not have a deadline for when new railcars must be acquired, just that anynew railcars have the required audio-visual system.

    3. Elevator Rehabs. The CTA shall perform a comprehensive mid-life rehabilitation on each revenue

    passenger service elevator in its system that has been in service for ten years or more on December 31,2001. The following elevators shall be rehabilitated:

    Red Line:

    1. Loyola2. Granville3. Adams/Jackson (Station/Mezzanine)4. Adams/Jackson (Mezzanine/Platform)

    Blue Line:

    5. OHare (Trans)6. OHare

    7. River Road - Rosemont8. Cumberland (Northbound)9. Cumberland (Southbound)10. Cumberland (Mezzanine/Platform)

    11. Cumberland (Mezzanine/Rotunda)12. Harlem (toward OHare)13. Lake Transfer- Clark / Lake)14. State of Illinois Center (#1)15. State of Illinois Center (#2)16. Adams/Jackson (St./Mezzanine) Note: This elevator is deleted from the schedule because

    it was incorrectly listed as being more than ten years old (see Status, below).

    17. Des Plaines/Congress18. Polk/Douglas (Eastbound)

    19. Polk/Douglas (Westbound)

    Brown Line:

    20. Western (Northbound)21. Western (Southbound)

    The CTA contracts shall provide for completion of the elevator rehabilitation by no later than March 31,2003.

    STATUS 12/31/02 - COMPLIANCE IN PROCESS

    CTA informed Equip for Equality of two changes to the schedule of elevators to be rehabilitated. Thefollowing five elevators have been in service for 10 years or more, but were inadvertently left off the list for

    rehabilitation in the original Settlement Agreement. These are added to the rehab schedule:

    22. 203 N. LaSalle (Green/Brown lines)23. Merchandise Mart (Northbound) (Brown/Purple lines)24. Merchandise Mart (Southbound) (Brown/Purple lines)25. 63rd/Cottage Grove (Eastbound)/South (Green line)26. 63rd/Cottage Grove (Westbound)/North (Green line)

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    Also, the Adams/Jackson (Blue Line St./Mezzanine) elevator was incorrectly listed as being more than tenyears old in the Settlement Agreement. It is actually less than ten years old, so it is deleted from therehabilitation program. Consequently, the total number of elevators for full rehab is 25.

    Mr. Edward Baker, Manager, Customer Facilities Maintenance Projects, provided a schedule for rehab work

    to be carried out by Anderson Elevator Company, which was awarded the contract for the elevator rehabs inPhases 1 and 2. Table A, below, displays the schedule and status as of 12/31/02.

    Table A Phase 1 & 2 Elevator Rehabilitation Schedule

    Schedule for Elevator Rehabilitation & Current Status(Note: Dates may differ from schedule in prior report based on revised priorities, actual field conditions, etc.)

    Elevator Location Start: Planned Returned toPlanned or Actual Completion Service

    PHASE 1

    1. Lake Transfer-Clark/Lake (Blue Line) 4/29/02 5/19/02 5/28/02

    2. Cumberland North (Blue Line) 5/20/02 6/16/02 7/1/02

    3. Cumberland South (Blue Line) 5/20/02 6/16/02 7/1/02

    4. Granville (Red Line) 6/24/02 8/1/02 8/8/02

    5. Des Plaines (Blue Line) 7/15/02 9/1/02 8/28/02

    6. Western North (Brown Line) 7/29/02 10/1/02 9/16/02

    7. Adams-Jackson-State -Sidewalk to Mezzanine (Red Line) 7/29/02 10/1/02 9/17/02

    8. Western South (Brown Line) 9/16/02 11/1/02 11/1/02

    9. Polk East-Northbound (Blue Line) 9/16/02 11/1/02 11/07/02

    10. Loyola (Red Line) 10/28/02 1/1/03

    11. Adams-Jackson-State-Mezzanine to Platform (Red Line) 12/9/02 2/1/03

    12. Polk West-Southbound (Blue Line) 11/4/02 1/1/03 12/30/02

    PHASE 2

    13. OHare / Platform - Concourse(Blue Line) 9/9/02 11/1/02 10/31/02

    14. Cumberland Mezz. - Platform(Blue Line) 9/9/02 11/1/02 10/31/02

    15. Cumberland Rotunda(Blue Line) 9/9/02 11/1/02 11/1/02

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    Green Line:

    9. Marion (Station/Platform)10. Central (Station/Platform)

    11. Pulaski (Eastbound)12. Pulaski (Westbound)

    13. 203 N. LaSalle14. 35th/Tech (Station/Platform)15. Indiana (Northbound-Station/Platform)16. Indiana (Southbound-Station/Platform)

    Orange Line:

    17. Library (Station/Mezzanine)

    18. Library (Northbound)19. Library (Southbound)

    Blue Line:

    20. OHare (Trans)*

    21. OHare*22. River Road*23. Cumberland (Northbound)*

    24. Cumberland (Southbound)*25. Cumberland (Mezzanine/Platform)*26. Cumberland (Mezzanine/Rotunda)*27. Harlem - toward OHare*28. Lake Transfer* (also referred to as Clark/Lake)29. State of Illinois Center (#1)*30. State of Illinois Center (#2)*31. Adams/Jackson (Station/Mezzanine)32. Des Plaines/Congress*

    STATUS 12/31/02 -

    A. COMPLIANCE IN PROCESS

    Installing elevator activators on hydraulic elevators causes them to cycle up and down every 20 minutes.This is to prevent hydraulic fluid from freezing, which is especially important during cold weather for elevatorsthat are not frequently used.

    Mr. Baker explained that there are three methods by which the required elevator activators are accounted for:1. Newly installed activators on old elevators where none existed;2. Newer elevators that had activators when they were installed; and,3. Elevators that will have activators added as part of their rehabilitation.

    He provided data showing that new activators have been installed as of 5/23/01 on the following elevators:

    Red Line:

    1. 79th/Dan Ryan

    Blue Line:

    2. Adams/Jackson/Dearborn, Street/Mezzanine

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    C. The CTA shall deploy its elevator repair personnel and prioritize its response to elevator outages in orderto maximize the accessibility of its rail system using criteria such as:

    (a) Station ridership;(b) Designation of the station as a key station;

    (c) Availability of accessible bus alternatives to the rail line; and,(d) Availability of other elevators at the station.

    STATUS 12/31/02 -

    A. IN COMPLIANCE - COMPLETED

    Prior to the Settlement Agreement, CTA had two elevator mechanics on contract from Anderson Elevator.The schedule from Anderson shows that through November 8, 2002, there were three contract elevatormechanics on duty Monday through Friday working overlapping shifts: 5:00 a.m. 1:30 p.m.; 7:00 a.m. 3:30 p.m.; and, 10:30 a.m. 7:00 p.m., providing 14 hours of coverage. An elevator mechanic was alsoshown on duty on Saturdays and Sundays from 7:00 a.m. 3:30 p.m. A helper works Monday throughFriday 7:00 a.m. - 3:30 p.m.

    Four CTA elevator inspectors, who are certified as Qualified Elevator Inspectors (QEI) by the NationalAssociation of Elevator Safety Authority International (NAESA), monitor the attendance and inspect the workof the contract elevator mechanics and helper. Their schedule is the same as that of the elevator mechanics.

    According to the invoices from Anderson Elevator provided to the Independent Monitor, the required serviceand repair hours have been provided through one year after the effective date of the Settlement Agreement.The effective date of the Settlement Agreement was November 19, 2001.

    In the past, several customers with disabilities asked what the procedure is for deploying elevator mechanicswhen an elevator is broken. Mr. Ed Baker, Manager, Customer Facilities Maintenance gave the followingdescription of the process:

    Elevator Out-of-Service Assigning Procedures:

    C.A., Guard or Supervisor notes problem with elevator. C.A., Guard or Supervisor calls in problem to Control Center. If outage is during the hours of 7:00 a.m. until 3:30 p.m., the Control Center notifies the West

    Shops Dispatch Office. The West Shops Dispatcher documents the call and notifies theInspector normally within ten minutes of receiving notification of the problem.

    If the outage occurs outside of the above working hours of the West Shops Dispatch Office, theControl Center faxes the information to the Dispatch Office, and if an Elevator Inspector is onduty (14 hours coverage 5:00 a.m. to 7:00 p.m.) will notify the Inspector. If no Inspector is onduty, (from 7:00 p.m. to 5:00 a.m.) the morning Inspector will review the fax from the ControlCenter and assign the morning Mechanic to repair the elevator at 5:00 a.m.

    When the Elevator Inspector for that area is notified, he contacts the station to confirm theproblem. The Inspector typically goes to the station to inspect the problem within one hour.

    If the Inspector can make a minor repair and get the elevator back in service, e.g., remove rocks,

    dirt, etc. from the door sill tracks, he will return the elevator to service himself. Depending upon the Inspectors instructions, the Mechanic will normally finish his current

    assignment and travel to the next service call to start work. This is usually within two hours orless.

    If the situation is an emergency (entrapment or accident), the Mechanic is notified anddispatched immediately.

    B. IN COMPLIANCE - ONGOING

    The Settlement Agreement provides that commencing one year after the effective date of the SettlementAgreement, or November 9, 2002, CTA shall have at least one elevator repair person on duty during a total

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    that the CTA shall have no obligation to make the entire station platform at any station suitable for gapfiller deployment.

    D. The CTA shall explore alternatives to its current gap filler and communications systems as technologydevelops.

    STATUS 12/31/02 -

    A. IN COMPLIANCE - COMPLETED, THOUGH DELAYEDGap filler deployment was completed on December 27, 2002. All station platforms now have at least onegap filler, even stations that are not accessible. CTA is now adding additional gap fillers at all accessiblestations to ensure that there are three per platform.

    CTA explained that delay in gap filler deployment had various reasons. Gap fillers have two maincomponents. The first is the gap filler itself. The second is the gap filler enclosure, essentially a steel boxwith a customized lock.

    The purchase requisition for the gap fillers was submitted to the CTA purchasing department on November19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6,2001. The invitation for bids was advertised on December 13, 2001. The bids were opened on January 4,2002. The purchasing department recommended that the bids be rejected because the lowest responsive bid

    was 84% higher than the actual (but non-responsive) lowest bid.

    The rebid package was advertised on March 7, 2002 and CTA awarded a contract on May 13, 2002. Thecontract was for manufacturing 225 gap fillers, which is more than the number required for providing gapfillers at the approximately 51 stations that did not already have them. CTA was using this opportunity toprocure additional gap fillers to allow deployment of extras at many stations and maintain an inventory ofspares.

    The contract required delivery of all 225 gap fillers within 90 days of the date of contract award, orapproximately early August 2002. It was anticipated at that time, however, that the vendor could deliver asufficient number of gap fillers by mid-June to cover all 79 platforms at the 51 stations where gap fillers are tobe installed pursuant to the Settlement Agreement.

    However, the manufacturer's mold cracked before the first sample gap filler could be produced. When themold was repaired, the manufacturer produced another sample, which the CTA received on Tuesday, June25, 2002. The sample was so severely damaged in shipping that it was not usable for pre-productionevaluation.

    As of September 30, 2002, CTA Rail Tech Services accepted a subsequent sample gap filler supplied by themanufacturer. After that sample passed all of the applicable performance and safety tests, the manufacturerwas directed to commence production, and was expected to deliver six to eight gap fillers per day.

    The gap filler enclosure purchase requisition was submitted to CTAs purchasing department on November19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6,2001. The invitation for bids was advertised on December 13, 2001 and the bids were opened on January 4,2002. After the bids were opened, it was determined that certain drawings and specifications were in error.Revised drawings and specifications were received on April 26, 2002. CTA advertised the rebid package on

    May 8, 2002 and awarded the contract on June 11, 2002. This contract was for production of 225 enclosuresso that there would be additional ones available.

    As of the date of this report, all enclosures and gap fillers have been installed at the stations stipulated in theSettlement Agreement.

    B. IN COMPLIANCE - ONGOINGCTA personnel are responsible for upkeep and maintenance of gap fillers. CAs routinely inspect the conditionof the gap filler as part of the Station Equipment Audit Check. Because of the simple design of the

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    gap filler, there is little that can go wrong with it, and few problems are found. Occasionally problems with theenclosure locks are discovered. In those cases, the CA records the problem on the CA daily report, and awork order for repair is submitted to the CTAs metalworkers.

    C. FOR FUTURE-FOLLOW-UPThe Settlement Agreement does not have a deadline for when this should be initiated or accomplished.

    Mr. Daniel Shurz of CTA and Mr. Kevin Irvine of Equip for Equality report that by mutual agreement therehave been no meetings or discussions between the parties regarding locating gap fillers on platforms duringthis quarter. Both parties reported to me that they are exploring various proposals to share with each otherduring the next quarter.

    D. FOR FUTURE-FOLLOW-UPThe Settlement Agreement does not have a deadline for when this should be initiated or accomplished.

    9. Customer Service Controllers.

    A. Within 45 days after the effective date of the settlement, the CTA shall hire two full-time CustomerService Controllers (CSCs) (or their equivalents) for the Control Center, whose primary job function willinclude the following duties:

    B. Coordinating with customer assistants and operators the deployments of gap fillers;

    C. Arranging alternate transportation pursuant to paragraph II.10 herein; and,D. Updating the elevator status phone line on a real-time basis.

    E. The CTA will use reasonable efforts to ensure that these duties are performed at all times regardless ofstaff schedules and shall ensure that the elevator status line information will be updated at least everyfour hours.

    F. The CTA will give representatives of the Plaintiffs an opportunity to provide ideas, materials and otherinput into the training of the customer service controllers; however, any more formal involvement (e.g., atraining module taught by representatives of the Plaintiffs) will require separate discussion andagreement.

    G. Based upon, among other things, the reports of the Monitor, the CTA shall have the right to make

    reasonable redeployments of its employees to better perform the tasks listed above; provided, however,that in no event will the CTA have less than two full-time equivalent employees whose primary jobfunction includes the tasks listed above. The CTA will review the need to increase the number ofcustomer service controllers (or their equivalents) based upon customer demand and availableresources.

    STATUS 12/31/02 -

    A, B, & E - IN COMPLIANCE - ONGOING

    Two FTE positions were added to the existing Customer Assistant Controller (CAC) positions in the ControlCenter as a result of the Settlement Agreement. These two positions were the new Customer ServiceControllers (CSC). Two full-time CSCs were hired within the required time frame. They were trained and arecarrying out their duties. They work Monday through Friday, one from 6:00 a.m. to 2:00 p.m., and the otherfrom 2:00 p.m. to 10:00 p.m. When a CSC is on break, on vacation, ill, or during the hours outside of

    Monday through Friday 6:00 a.m. to 10:00 p.m., the CACs provide coverage.

    The CSCs keep records of when Customer Assistants (CA) provide certain assistance to persons withdisabilities using rail. These may be persons with mobility devices who require gap filler deployment orpersons who have vision impairments who request assistance. According to a CTA publication, AssistingCustomers with Disabilities on the Rail System, dated 10-16-00, the CA is to complete a 10-43 NotificationSlip. This is to be given to the rail operator, who is to complete the slip with the time of the customersalighting at the destination station.

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    The CA at the boarding station then contacts the Control Center to tell the CSC the location of the boardingstation, the run number of the train, the car number and position in the train in which the customeris riding, and the station where the customer will be alighting. This information is also to be documented inthe Customer Assistant Daily Activity Report.

    The rail operator is to notify the CSC three stations prior to reaching the customers destination. The CSC inthe Control Center then notifies the CA at the destination station and provides the relevant information so thatthe CA at the destination station can meet the train and assist the customer.

    Statistics recorded by CSCs on CA assistance to visually impaired riders or riders who need gap fillerdeployment are shown in the Table below.Table B - Rail: Assisted Disabled Ridership (10-43) Report Summary - 4th Quarter 2002

    Day of Week Number of Riders Assisted

    Oct. 02 Nov. 02 Dec. 02 TOTAL

    Monday 203 168 155 526Tuesday 297 184 131 612

    Wednesday 282 173 104 559

    Thursday 336 144 121 601

    Friday 220 242 106 568

    Saturday 80 53 60 193

    Sunday 54 52 24 130

    TOTAL 1,472 1,016 701 3,189C. IN COMPLIANCE - ONGOING

    CTA tracks the provision of paratransit service for alternate transportation related to elevator renovation. Iam now provided with Elevator Rehabilitation Logs, which have data described below under Section 22 (h).as well as information from Paratransit Services, including the invoices from CDT for the shuttle service theyprovide.

    D. IN COMPLIANCE - ONGOING

    The CSCs update the elevator status phone line on a real-time basis. According to CTA Rail Bulletin R50-01,CAs at stations equipped with an Elevator Status Board are to call this status line at 6:15 and 9:15 a.m., and1:15, 5:15, and 9:15 p.m. from the kiosk telephone. If the kiosk telephone is defective, CAs are to use the

    station public telephone to obtain elevator status. The information received from the recorded message is tobe transferred to an Elevator Status Form, which is deposited in the drop safe by the last CA working eachday. Upon receipt of the elevator status, the CA is to transfer that information to the Elevator Status Board.

    In the event that an elevator at the station to which a CA is assigned becomes defective between ElevatorStatus Board update times, the standard procedure for reporting the defect is to be carried out and then thedefective condition is to be entered on the Elevator Status Board.

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    F. FOR FUTURE FOLLOW UP

    Prior to the original Customer Service Controller training, representatives from Equip for Equality discussedthe training with Darryl Lampkins, who was General Manager of the Control Center at that time.

    The training was then conducted through the CTA Management Institute with input from Ms. ChristineMontgomery, CTA ADA Compliance Officer. Ms. Montgomery also conducted field observations and provided

    information before training officially began.

    Based on the information I have been provided to date, there does not appear to have been any subsequentgeneral training for CSCs or CACs regarding these matters. In the event that CTA provides additionaltraining or re-training, representatives of the plaintiffs should be contacted for input..

    G. FOR FUTURE FOLLOW-UP

    10. Alternate Transportation.

    A. The CTA shall arrange alternate transportation for disabled customers stranded at stations withinoperable elevators when there is:

    (a) No accessible bus service within 1/3 of a mile of the station.(b) Accessible bus service within 1/3 of a mile of the station, but to get to within mile of his/her

    destination or to an accessible station on the customers intended rail line the customer wouldhave to make more than one additional transfer.

    (c) Another elevator at the station, but a ride back in the opposite direction to the next accessiblestation platform to catch a train in the customers intended direction will add 30 minutes or moreto the length of the customers trip.

    In order for nearby accessible bus service to be considered accessible, the path of travel from the railstation to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnelhave concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) at therideback station is in service. When Customer Assistant Controllers are not on duty CTA personnel shallbe entitled to rely upon the last posted elevator status information.

    B. The CTA will provide alternate transportation within the same time frame that it provides special servicevehicles for its paratransit customers (i.e., within 60 minutes).C. The CTA shall provide alternate transportation to customers on bus routes where the headway is greater

    than 30 minutes pursuant to the requirements of the ADA regulations.

    D. The CTA shall make reasonable efforts to inform its contract providers of alternate transportation that, ifthe trip has been authorized by the CTA, the disabled customer need not be certified as eligible forparatransit service in order to receive the ride.

    STATUS 12/31/02 -

    A, B, & C - NOT IN COMPLIANCE

    The specific element of non-compliance is that CTA is unable to provide alternate transportation for personsusing wheelchairs that cannot be secured on the paratransit vehicles being used for alternate transportationservice.

    The plaintiffs representative, Equip for Equality, reported the following information: In August 2002, Equipfor Equality learned of several class members who had been denied alternate transportation due to theirassertion that their mobility devices could not be secured on the paratransit vehicles which CTA uses toprovide alternate transportation. CTA and its paratransit carrier, CDT, insisted that CDT could adequatelysecure the mobility devices but also that, if the devices could not be secured, then CTA did not have toprovide the riders with alternate transportation. The class members who contacted EFE did not want to allowCDT to even attempt securement out of their good faith belief that the attempt would be unsuccessful andwould likely damage their mobility devices. In December 2002, CTA determined that it would providealternate transportation to mobility device users whose devices could not be secured. However, CTA has not

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    yet created a procedure to determine which mobility devices cannot be secured adequately or withoutcausing damage to the device. Therefore, some class members are still unable to access alternatetransportation, as of December 31, 2002.

    For other customers using wheelchairs, when alternate transportation is required, the data that I receiveshow that CTA has been providing it at stations where CTA has arranged for a paratransit shuttle to beavailable. Other than the above-noted complaints regarding securement, I have not received any othercomplaints about failure to provide alternate transportation. There are two sources of information that CTAprovides on this matter. One is the Elevator Rehabilitation Log, the data from which are reported belowunder Section 22.h. Also, CDT, the contractor for alternate transportation paratransit service, providesinvoices to CTA reporting the number of shuttle trips for each day. This is also detailed in Section 22.h,below.

    CTA Rail Service Bulletin R800-01, issued by Mr. William R. Mooney, Vice President Rail Operations,effective date of 11/4/01 states:

    Refer to this section when a customer is not allowed to enter or leave a station due to a closed (out-of-service) elevator. When routing a rider to an alternate station, ascertain whether the passenger is enteringor leaving the station, the direction of travel, and which elevator in your station is not currently accessible.

    Check the elevator status board making certain that the elevator at the end of the trip is functional. Advisethe rider of the available Service alternatives and Alternate Access for the affected location. Whendiscussing hours of service use standard (non-military) time.

    Self-transit is defined as customers, using mobility devices as an option, transporting themselvesto the indicated location.

    When paratransit is required, call the Customer Service Controller at Ext. 8026. This is a newlycreated position to assist customers with special needs.

    Advise customers requesting paratransit the waiting period may be up to one hour.

    Page 3 of this Bulletin also states:

    Inclement Weather: In the event of inclement weather that is likely to have blocked the path of travelspecified for alternate routing, call the Customer Service Controller at ext. 8026 to determine the appropriateroute for the customer.

    CTA reports that Rail Supervisors check the path of travel every six months after the winter and summerseasons to ensure that the recommended paths of travel remain accessible. If not, they develop a revisedroute.

    In December, CTA announced it had added 11 more accessible bus routes. The availability of these routesmay affect the guidelines for alternate routes or alternate transportation.

    CTA is currently providing regular shuttle paratransit service as alternate transportation during elevatorrenovation at the Blue Line Clark/Lake Station entrance in the 203 N. LaSalle Building, the MerchandiseMart, and at Rosemont. Details about this are available on the CTA website http://www.transitchicago.com

    under the Customer Alert link and the Construction Renovation update link, but I did not see any reference tothis service under the Accessible Service link.

    NOTE: CORRECTION TO PRIOR REPORTIn the report for last quarter, I wrote, The Alternate Routing During Elevator Closures guideprovided to CAs by CTA appears to only have alternate routing or alternate transportation for theelevators out of service for their required rehabilitations. There does not appear to be anyinformation for alternate routing or alternate transportation for elevator outages at other stations,including Chicago/State on the Red Line. Section 10 - Alternate Transportation of the SettlementAgreement states that The CTA shall arrange alternate transportation for disabled customers

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    stranded at stations with inoperable elevators It does not limit providing alternate transportationor alternate routing to customers stranded only due to elevator rehabilitation.

    My statement was incorrect. In fact, CTAs Alternate Routing During Elevator Closures guide DOESinclude alternate route or alternate transportation guidelines for ALL stations that have escalators. Iregret the error.

    D. IN COMPLIANCE - ONGOING

    Information was given to paratransit providers on the procedure, as has been documented in prior reports.

    11. Station Telephones. By no later than December 31, 2001 the CTA shall upgrade the *1 (Star-One)system on phones in its rail stations so that it provides customers with prompts or other informationdirecting the customer to:

    (a) The CTA elevator status line; and(b) The CTA Control Center.

    The CTA shall make reasonable efforts to install TTY phones at all accessible stations and those phonesshall provide customers with *1 capability or its equivalent.

    STATUS 12/31/02 - IN COMPLIANCE - ONGOING

    As documented in prior reports, the *1 system is available on all public telephones in rail stations. Stationswith public TTYs are shown below:

    According to information from CTA, the following rail stations have at least one TTY installed in the stationarea, at the date of this report:

    Loyola station Red lineAddison station Red lineJackson station Red lineGranville station Red line35th station Red line

    79th station Red line95th station Red lineChicago / State station Red line subwayJackson station Red line subwayUIC / Halsted Congress lineKedzie / Homan station Congress lineForest Park station Congress linePolk station Douglas line18th station Douglas lineCicero station Douglas lineOHare station OHare lineRiver Road station OHare lineCumberland station OHare line

    Harlem station OHare lineJefferson Park station OHare lineLogan Square station OHare line (pay phone missing)Grand / Milwaukee station OHare lineClark and Lake station Dearborn subwayJackson station Dearborn subwayMerchandise Mart station Ravenswood lineWestern station Ravenswood lineKimball station Ravenswood lineDempster station Yellow line

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    Davis station Evanston lineClark and Lake station Green / Orange / BrownWashington / Wells station Green / Orange / BrownRoosevelt station Green / Orange lineConservatory station Green lineKing Drive station Green lineCottage Grove station Green lineIndiana station Green lineHalsted station Orange lineAshland station Orange line35th station Orange lineWestern station Orange linePulaski station Orange lineKedzie station Orange lineMidway station Orange line

    The message and the destination of the call vary according to the time of day and the day of the week. Thecaller hears the message: If you are a customer with a disability and there are no CTA personnel to assistyou, press 5. During the day, this connects the caller to a live operator in Customer Service who providesthe required assistance. At night, the call is routed to the Control Center, and a Security Controller thereprovides assistance.

    Some customers have said they sometimes find a station telephone out of service, including the *1 feature.When CTA knows a phone is out of order, either through their routine checks or if a customer reports it, theynotify SBC\Ameritech, which has the responsibility for repairs. Mr. Ruben Madrigal, General Manager,System Maintenance Support, states that SBC\Ameritechs turnaround time for repairs can be anywherefrom three to 10 working days after being notified of the problem.

    12. Customer Complaints.A. Within 45 days of the effective date of the settlement, the CTA shall create a centralized database of all

    ADA-related complaints received by the Call Center, CTA garages and terminals, and the CTA front

    office.B. Managers in the field will be required to send ADA-related complaints received in the field for entry intothe database.

    C. The CTA will develop performance standards based upon the levels of ADA-related complaints. Theseperformance standards shall be included in the pay-for-performance standards that are used in theannual performance evaluations of CTA senior bus and rail managers.

    D. The Monitor shall have access to the database with respect to ADA-related complaints.

    STATUS 12/31/02 -

    A. NOT IN COMPLIANCE

    There continue to be several ongoing serious deficiencies regarding complaints and the database, and thesesupport my opinion that CTA is not in compliance with this item at this time.

    1. As in the past, not all ADA-related complaints reported to CTA show up in the original Service RequestSummary (SRS) Reports that I am given. Sometimes passengers with disabilities who submit complaints toCTA also send me a copy of their complaint or a summary of it. I review all the original SRS reports I amgiven, but do not find a record of all the copies of CTA complaints that I receive. The SRS Reports areapparently the source of the statistics I am given, so the monthly statistics have an undercount of ADA-related complaints. During this quarter, there are numerous complaints regarding Failure to Announce Stopsthat were submitted to CTA, but there are no SRS Reports for them.

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    2. Based on the SRS reports I am sent, not all critical fields appear to have information entered or they haveinformation that appears to be inaccurate. For example, at least six SRS reports in the batch I received forthe period October - December 2002, did not include information in the field, What date did this occur? norwas there information in the narrative that would allow me to identify the date of occurrence:

    SRS # 02-01735781 SRS # 02-01635387 SRS # 02-01808982 SRS # 02-01806920 SRS # 02-01858987 SRS # 02-01892487

    Also, several other SRS reports counted by Customer Service personnel for the summary statistics sent tome this quarter had information in the date field indicating that the incident occurred at a time outside of thisquarter, including:

    May: SRS # 02-01754602

    July: SRS # 02-01666400; 02-02071866

    August: SRS # 02-01913508

    September: SRS # 02-01619399; 02-01691109; 02-01878069; 02-02029999

    The narrative of SRS #02-01642047 states that the event occurred in September, but an Octoberdate was given in the field for What date did this occur?

    Therefore, I cannot have full confidence in the accuracy of the summary statistics I am given.

    3. I still see instances where the category selected for:What type of complaint/issue is this? does notmatch the information in the narrative given in the section of the report entitled Description. Consequently,

    the monthly statistics I receive are inaccurate.

    For example, there are six October SRS reports categorized simply as ADA Compliance. The narrativesfrom five of these show that they would more accurately be categorized as another type of complaint.

    SRS #02-01767287Caller is furious that operator did not call all stops, and failed to curb the bus.

    SRS #02-01800143Customer states that the escalator has been out of service for the past three days.

    SRS #02-01795952Caller states that an operator did not allow a customer that was in a wheelchair to board the bus.

    SRS #02-01800767The customer stated that she is disabled and uses a motorized scooter to get aroundShe asked theoperator if he could announce to the other passengers to relinquish their seats to a person that wasdisabled. The customer stated that the operator refused to make this announcement or even askpassengers if they could move to the rear of the bus.

    SRS#02-01726031

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    4. For this quarter, the statistics provided by Customer Service show 18 incidences of Failure to AnnounceStops. As I noted above, I have evidence that more than 18 complaints of this kind were made by personswho identify themselves as having a disability. However, I have made requests in the past that I also receivethe count ofall complaints about failure to announce stops, even if the caller does not specificallycharacterize himself or herself as a person with a disability. I received no SRS reports about failure toannounce stops from people without disabilities, although it seems unlikely that in three months there wouldbe no such complaints.

    B. COMPLIANCE IN PROCESS

    The Settlement Agreement does not specify a date by which the practice of managers in the field sendingADA-related complaints to the Call Center must be institutionalized. However, on November 14, 2002, CTAissued the following General Bulletin G36-02 to Bus and Rail Managers and Supervisors:

    General Bulletin

    TO: Bus and Rail Managers and Supervisors

    SUBJECT: Customer Communications

    EFFECTIVE: IMMEDIATELY

    Effective immediately, please forward copies of all customer comments, compliments andcomplaints to your liaison in Customer Service at 120 N. Racine. This will enable the CTA tocompile a centralized database of all customer communications allowing a consistently excellentlevel of customer service to be delivered. This procedure is required for compliance with the AccessLiving judicial settlement.

    Garages and rail terminals should continue their current procedure of investigating customer issuesimmediately and contacting their liaison in Customer Service. The response should continue to behandled by the garage or terminal, unless it has been forwarded from Customer Service with

    different instructions.

    Should there be any questions regarding the contents of this bulletin, contact a supervisor, instructor,controller or manager.

    C. FOR FUTURE FOLLOW-UP

    The Settlement Agreement does not specify a date by which performance standards based on the level ofADA-compliance complaints must be implemented. CTA states that at the end of each year, GeneralManagers develop performance agreements with targets for the subsequent year. These targets are thenused in reviewing their performance. CTA reports that the 2003 performance standards are still beingdeveloped.

    D. IN COMPLIANCE - ONGOING

    I am provided with these data, which are reported in Table H in Section 22, below. I report this as InCompliance only in the literal sense that CTA does provide me with data. However, I reiterate my concernsabout the accuracy of the data.

    13. Disciplinary Guidelines. Within 45 days of the effective date of the settlement, the CTA will amend itsCorrective Action Guidelines to include the following:

    Procedural/Performance Violations Which May Warrant Accelerated Discipline

    Failure to deploy the lift when requested

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    Passing up a disabled customer

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    Failure to deploy the gap filler

    Failure to report a broken elevator when person has actual knowledge that the elevator is broken

    Failure to call out stops where required

    Failure to deploy a working bus stop audio-visual display

    Touching a passenger, a passengers assistive device or assistance animal without the

    permission of the passenger except in an emergency Deploying a lift in a curb cut or in another inappropriate location

    Failing to report a broken lift

    Failure to report broken automatic stop-calling equipment when person has actual knowledgethat the equipment is broken

    Behavioral Violation:

    Insolence or disrespect to a customer, including those with a disability.

    In the event that any of these amendments are challenged by employees and/or their collectivebargaining representatives, the CTA shall make reasonable efforts to defend such amendment(s). TheCTA will, however, abide by any binding decision by an arbitrator, court or other decision-maker.

    STATUS 12/31/02 - IN COMPLIANCE - COMPLETED

    CTAs Corrective Action Guidelines were revised as of November 14, 2001, which was within the requiredtime frame in the Settlement Agreement.

    All of the violations enumerated in the Settlement Agreement are listed as Violations Which May WarrantAccelerated discipline, with one exception. The violation of Insolence or disrespect to a customer, includingthose with a disability is categorized as a Behavioral Violation Subject to Immediate Discharge.

    14. Brochure.

    A. By no later than December 31, 2001, the CTA will distribute throughout its system a brochure thatinforms disabled persons how to utilize the CTA system and includes alternate transportation and *1system information.

    B. The CTA will give representatives of the Plaintiffs a reasonable opportunity to review and comment onthe brochure before it is released and distributed.

    C. Future versions of the brochure shall include updated access information, consistent with this SettlementAgreement.

    D. The brochure shall be posted on the CTA web site.E. The CTA shall publish the brochure in non-English languages consistently with how it publishes similar

    brochures in non-English languages.

    STATUS 12/31/02 -

    A. FOR FUTURE FOLLOW-UP

    Early in 2002, CTA created a brochure entitled Get a Lift Out of Life When You Use CTAs Accessible Busesand Trains. Mr. Shurz explained that CTA does not have a standard method of distributing its brochures.Rather, the distribution method is based on the target market and the expected life of the brochure. CTA hada substantial level of response to the Get a Lift brochure from its initial limited distribution to a targetedrange of individuals and organizations. They are now developing revisions they intend to share with theplaintiffs and ADA Advisory Committee when available. After further input, CTA will revise the brochure anddistribute it widely throughout the system, including rail stations and bus garages.

    In the interim, CTA has printed an additional batch of the existing Get a Lift brochure and copies areavailable from Customer Service and on the CTA website

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    B. IN COMPLIANCE

    On December 3, 2001, Plaintiffs attorneys provided CTA with a 4-1/2-page letter describing their commentsand suggestions.

    C. FOR FUTURE FOLLOW-UP

    The planned revised brochure will contain any updated access information.

    D. IN COMPLIANCE - ONGOING

    There is a link to the brochure on the CTA website at http://www.transitchicago.com/welcome/brochures.html. TheSettlement Agreement did not specify the format in which the brochure should be posted. The brochure is in pdfformat and there is also a link to the Text Only version. CTA states that it is also in the process of converting otherbrochures to text format.

    E. IN COMPLIANCE - ONGOING

    At present, there are only two CTA publications in a language other than English. The CTA Map and theDouglas reconstruction brochure are published in Spanish. At this time, CTA expects that the Get a Liftbrochure will continue to be published only in English.

    15. CTA System Map. Beginning with the first edition of the system map that the CTA releases in 2002, theCTA shall provide information in its system map on how to obtain deployment of the gap filler, the *1system, and alternate transportation.

    STATUS 12/31/02 - IN COMPLIANCE

    The new map was released on July 1, 2002. In the section entitled, Accessible Stations, there isinformation telling riders that they may request deployment of the gap filler by asking the Customer Assistantor train operator for assistance. The brochure also describes the *1 system that can be used to make a freecall to the Control Center from any pay phone or TTY on a CTA rail station platform. It further says that in theevent the elevator a rider needs is not working, there are alternate routings available, and details can beobtained from Customer Service at 1-888-YOUR-CTA or from the Customer Assistant at any rail station.

    CTA states that future versions of the map will include all relevant TTY numbers.

    16. Signage. The CTA shall make reasonable efforts to consider adding signage at elevators informingcustomers, among other things, what to do in the event that the elevator is not working.

    STATUS 12/31/02 - IN COMPLIANCE - ONGOING

    Signs have been developed and are posted, as needed.

    17. Performance Control Specialists.

    A. Within 45 days of the effective date of the settlement, the CTA shall deploy two full-time equivalentperformance control specialists in wheelchairs.

    B. The performance control specialist department shall compile information about ADA-related performanceproblems in regular reports circulated to senior CTA bus and rail managers and the Monitor. The Monitor

    shall have access to raw data collected by performance control specialists.C. The Monitor shall be able to make reasonable requests that performance control specialists be deployed

    to address potential ADA-related problems. Such requests shall be given the same priority, and treatedwith the same degree of confidentiality, as similar requests made by CTA Managers. In no event will theCTA be required to devote more than 2080 hours of performance control specialist time each yearresponding to the Monitors requests.

    D. Two performance control specialists shall be hired within 45 days of the effective date of the settlement.

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    STATUS 12/31/02A & D - IN COMPLIANCE - ONGOING

    Two additional Performance Control Specialist (PCS) positions were added to the unit as a result of theSettlement Agreement. Hiring dates for the new personnel were December 17, 2001 and December 18,2001, which were within the required time frame. PCS wheelchair surveillance also began at that time and

    continues, as required.

    B. IN COMPLIANCE - ONGOING

    The reports and raw data are being provided to the Independent Monitor, as required, and demonstrate thatthe PCS wheelchair surveillance is of the required quantity, and is of good quality.

    C. IN COMPLIANCE - ONGOING

    The following table documents the number of PCS observations for this quarter.

    Table C - Summary of PCS Monthly Reports 4th Quarter 2002

    Observations Oct. 02 Nov. 02 Dec. 02 TOTAL

    Bus Operators Recorded for ADA Compliance 363 709 528 1600

    Customer Assistants Recorded for ADA Compliance 291 289 247 827

    Elevator Inspections Recorded 49 57 36 142

    18. Bus microphones. The CTA shall make reasonable efforts to maintain its bus microphones in goodworking order.

    STATUS 12/31/02 - IN COMPLIANCE - ONGOING

    The CTA General Manager of Bus Heavy Maintenance states that the microphone / PA system is fullyinspected at every 4,000-mile preventive maintenance inspection. This occurs approximately every 4-5

    weeks.

    CTA provided a Pre-pullout Check, Bus (7008(11-26-00)) bulletin, issued to each bus operator. Among themany items to be checked is the public address system. Operators are to report all defects to maintenancepersonnel or pullout supervisor immediately upon finding them. PA systems are checked on inspectionand/or pullout, and any defects are to be reported to the Radio Department personnel at the garages forfollow-up and repair.

    19. Equipment Checks. The CTA shall make reasonable efforts to check the operation ofA. customer assistant buttons andB. elevators on a regular basis.

    STATUS 12/31/02 -

    A. IN COMPLIANCE - ONGOING

    General Bulletin G9-98 regarding the Rail Station Defect Log describes how CAs are to report any stationdefect/hazard to the Control Center and log it, along with the Controller to whom the report is made and thework order number given by the Controller. Upon notification of a defect, the Control Center is to dispatch aCA supervisor to examine the situation, etc.

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    (i) The number of operator failures to use external train car speakers to call out train lineidentification information when stopped at stations serving multiple train lines going indifferent directions.

    STATUS 12/31/02 - Items (c), (d), (e), (f), and (i) IN COMPLIANCE - ONGOING

    There are three sources of CTA documentation for these data:

    * Performance Control Specialist monthly reports, as well as reports on special surveillancesrequested by the Independent Monitor;

    * Customer Service Complaint Database monthly reports; and,* Information received by Independent Monitor in person, via email, surface mail, or phone.

    Performance Control Specialists provide monthly reports on their observations, as shown in the next table.The PCS Violations Reports include detailed information on the Operator Badge Number, Line, Run, BusNumber, Time, Date, Direction, Location and Garage. The Violations Reports from the PCS staff are sent tothe respective garages/terminals.

    Table G PCS Summary Report of Actions and Violations Observed 4 th Quarter 2002

    Observation Oct. 02 Nov. 02 Dec. 02 TOTAL

    Did deploy lift 337 707 528 1572

    Did not deploy lift 0 2 0 2

    Defective bus lifts/ramp 5 11 2 18

    Defective bus wheelchair clamps 11 10 1 22

    Defective train wheelchair clamps 0 0 0 0

    Failed to offer assistance

    to wheelchair passenger aboard bus 66 43 23 132

    Bus Operators failed to makeservice stop announcements 137 139 145 421

    Special Observation

    In December, the Independent Monitor requested PCS personnel to conduct a special surveillance. Somecustomers had reported that bus operators do not always deploy a lift when requested, whether the customeruses a wheelchair or does not. They said this was especially problematic on the Blue Island/26th St. route(No. 60) and Roosevelt Rd. route (No. 12) because people with disabilities frequently take these routes whentraveling to Access Living or the National Center for Latinos with Disabilities. In addition to their regularsurveillances, PCS staff who use wheelchairs and those who do not carried out a total of 22 specialsurveillances on each route. They requested that the operator deploy the lift, and in all 44 cases, the busoperators did so.

    Another source of data is Customer Service monthly reports of ADA Complaints, shown below, although Ihave concerns about its completeness and accuracy, as I explained in item 12, above.

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    Table H - ADA Complaints - 4th Quarter 2002

    CLASSIFICATION Oct. 02 Nov. 02 Dec. 02 TOTAL

    ADA Compliance 6 4 2 12

    ADA Paratransit 3 2 0 5

    Elevator/Escalator Malfunction 4 8 10 22

    Failing to Announce Stops 0 18 0 18

    Failure to Assist Disabled Customer 13 6 5 24

    Failure to Deploy Gap Fillers 0 0 0 0

    Refusal to Deploy Lift/Ramp 2 4 1 7

    Failure to Operate Lift/Ramp 2 1 0 3

    Lift/Ramp Malfunction 4 1 0 5

    Missing Handicap Signage 0 0 0 0

    No External Announcements 0 0 0 0

    Non-Working Lift/Ramp 2 0 0 2

    Path of Travel Not Accessible 0 0 0 0

    TTY Not Working 0 0 0 0

    No Automated Stop Announcements 0 0 0 0

    Total 36 44 18 98

    I have expressed to CTA that I believe the categories of complaints are not the most appropriate; forexample, it would be useful to have elevator malfunction complaints reported separately from escalatormalfunctions. Mr. Marvin Sledge, Customer Service Information Systems Analyst, researched this and saidthat CTA is unable to change the categories of ADA complaints because CTAs complaint tracking system tiesinto the Citys SunTRACK system (the system reached by dialing 311). Therefore, additional categories ofcomplaints that exist in the CTAs non-ADA complaint list, such as Rude behavior or Insolence ordisrespect to a customer, including those with a disability, could not be recorded or tracked for people withdisabilities.

    The third source of data is from unsolicited complaints communicated directly to the Independent Monitor byphone, email, U.S. mail, or in person. Some of these complaints may also have been communicated directlyto CTA, as well, and may be included in the SRS reports. Types of complaints I received this quarter were:

    Bus operators failing to call out stops or use the microphone;

    CAs not being available for deployment of the gap filler;

    Bus operators not deploying the bus lift in the correct location;

    Bus lift failure;

    Bus operator requiring a customer whose wheelchair was secured to also wear the seat belt;

    Inaccurate information on elevator status boards; and,

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    Issues relating to securement on paratransit vehicles used for alternate transportation.

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    Information from CDT invoices I was provided is shown below:

    Table J - CDT-Reported Alternate Transportation Shuttle Rides

    Elevator Under Renovation(Ride may be for boarding or alighting

    at the station shown below.)Oct. 02 Nov. 02 Dec. 02 TOTAL

    OHare & Rosemont (Blue Line) 13 N/A N/A N/A

    Clark & Lake/203 N. LaSalle or 10 54 34 98Merchandise Mart

    The total of number rides reported by CDT is greater than the number of rides accounted for in the ElevatorRehabilitation Logs. CTA says this discrepancy is because at the stations where shuttles are stationed, acustomer who needs the paratransit alternative transportation is permitted to board the vehicle without a callgoing through the Control Center. This is to avoid delays in transportation.

    The major elevator rehabilitation program required by the Settlement Agreement should be completed by theend of the next quarter (March 2003). CTA recognizes that it must still provide alternate transportation fordisabled customers stranded at stations with inoperable elevators when there is:

    (a) No accessible bus service within 1/3 of a mile of the station.(b) Accessible bus service within 1/3 of a mile of the station, but to get to within mile of his/her

    destination or to an accessible station on the customers intended rail line the customer wouldhave to make more than one additional transfer.

    (c) Another elevator at the station, but a ride back in the opposite direction to the next accessiblestation platform to catch a train in the customers intended direction will add 30 minutes or moreto the length of the customers trip.

    In order for nearby accessible bus service to be considered accessible, the path of travel from the rail

    station to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnelhave concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) at therideback station is in service. When Customer Assistant Controllers are not on duty CTA personnel shallbe entitled to rely upon the last posted elevator status information.

    It is not clear to me how these individual rides that are arranged through CAs will be logged in at the ControlCenter or how CDT will invoice CTA. Ideally, a system would be developed that would allow these twosources of data to serve as internal crosschecks with each other. I look forward to a system is developedthat also makes it simple to provide the Independent Monitor with appropriate information for future reports.

    (j) Other areas agreed to by the parties in consultation with the Monitor.

    STATUS 12/31/02 - FOR FUTURE FOLLOW-UP

    23. Operational Improvement Fund. Each year the CTA shall set aside $100,000 in operating funds. TheCTA shall allocate and spend those funds on equipment, programs, or personnel based upon the findingsmade by the Monitor as to the CTAs performance in various areas that are covered by this SettlementAgreement and recommendations made by Plaintiffs counsel. The CTA shall allocate these funds toADA-related operational area(s) that the data show are in need of improvement.

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    STATUS 12/31/02 - FOR FUTURE FOLLOW-UP

    As of December 31, 2002, no decisions were made about the use of the FY2002 funds. Various plaintiffssuggested that a decision on use of funds be made after a full year of experience and reports under theSettlement Agreement, so areas of compliance that need additional attention can be more easily identified.Plaintiffs attorneys and CTA agreed to this strategy. Mr. Thomas Bamonte advises that the full amount of$100,000 for 2002 will be carried over and added to the $100,000 fund for the 2003, for a total of $200,000

    for FY2003.

    24. Training Materials. Before implementing any substantial change to its training program on ADA-relatedissues the CTA shall review such proposed changes with the CTA ADA Advisory Committee. The CTAwill provide drafts of training materials to the Monitor on the same basis as it supplies drafts of materialsto the CTA ADA Advisory Committee and will consider comments on such materials made by the Monitor.

    STATUS 12/31/02 - IN COMPLIANCE - ONGOING

    An updated bus operator training video is under development. The draft video script was mailed to the CTAAdvisory Committee and the Independent Monitor, as required for their feedback and recommendations.

    Also, CTA is developing a new ADA-related training brochure for bus operators. The Independent Monitorand the CTA ADA Advisory Committee reviewed a draft and Mr. Levin is integrating their comments into the

    new brochure.

    25. Training Resources. The CTA shall consider redeployment of its ADA-related training resources,including those of its ADA Compliance Office, taking into account factors such as increasing usage of theCTA rail system by disabled customers.

    STATUS 12/31/02 - IN PROCESS - ONGOING

    In response to a question raised to me by customers with disabilities, CTA reports that all bus operators, notjust those on designated accessible routes, receive training on disability and ADA issues.

    CTA reports that CA Supervisors are being retrained in the alternate routing and alternate transportationprocedures, and CAs will be reinstructed during the next quarter. Twice yearly, all CAs are required to deploya gap filler in the presence of supervisors or managers to determine their proficiency. If needed, retraining isprovided.

    End