(1) Service areas and routes. In determining such areas and routes, the committee shall consider:

(a) Residential concentrations of transportation disabled persons and their employment, medical, educational and recreational needs;

(b) Areas or groups in the city of New York that will not be served by accessible rapid transit or accessible buses;

(c) Any studies, master plans, surveys, data and other materials completed by or under development by any state agency or authority or the city of New York;

(d) Existing transportation services operating in the city of New York that are available to transportation disabled persons; and

(e) Other criteria relevant to the effective provision of paratransit transportation.

(2) Hours of service. In determining such hours, the committee shall consider the employment, medical, educational and recreational needs of transportation disabled persons.

(3) Identification. Identification of criteria for eligibility for, and ridership and cost levels associated with paratransit transportation as provided under the implementation plan.

(4) Financing sources. Such sources shall include:

(a) Fares, and other charges for paratransit transportation. In determining such fares and other charges the committee shall consider the nature of such services, the cost and expense of maintaining paratransit facilities in good condition and repair and the capital and operating expenses of the contractor. Fares for paratransit transportation shall be set at levels based on the criteria set forth in this section;

(b) Any payments receivable or available under title XVIII or XIX of the federal social security act and any other sources of federal funding, including third-party payments;

(c) Appropriate sources of local funding; and

(d) Any gift, grant, bequest, or devise.

(5) A method to acquire by purchase, gift, grant, transfer, contract or lease, any vehicles, equipment or facilities necessary for the provision of paratransit transportation. In determining such method the committee shall develop a plan under which every effort is made to acquire such vehicles, equipment, or facilities that are produced and/or provided by services performed in the state of New York.

(6) Elements necessary. Any other element deemed by the committee to be necessary or desirable to the provision of paratransit transportation. b. An agency of the city of New York designated by the mayor of the city of New York, provided that such agency shall not be the authority or its subsidiaries, shall provide paratransit transportation in consultation with the committee and in accordance with the paratransit transportation implementation plan developed pursuant to this subdivision, within ninety days of receipt of the plan by the mayor. Such services shall be provided under purchase of service agreements with any responsible person, firm, partnership, association, corporation, governmental agency or authority based on a competitive bidding process. No such service agreement shall be entered into without the approval of the committee. The agency shall not enter into any service agreement that is in excess of financing sources that are reasonably available as identified in paragraph four of this subdivision and the amounts provided pursuant to sections W46-2.0 and II 46-4.0 of the administrative code of the city of New York. In determining whether a proposed contractor is responsible, the designated city agency shall consider but not be limited to the following factors: (1) demonstration of an ability to provide the requested services, (2) compliance with or ability to meet acceptable safety standards, (3) demonstration of sound financial position and acceptable financial reporting, and (4) compliance with applicable local laws and regulations including those related to disadvantaged business enterprises. The agency may use no more than three percent of the funds available for paratransit transportation to cover the cost of program administration. 6. Report. On or before December thirty-first, nineteen hundred eighty-six, and annually thereafter, the committee shall report to the governor, the temporary president of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, the mayor of the city of New York, the city council of the city of New York, and the metropolitan transportation authority. Each such report shall: a. Describe the progress that has been made during the reporting period on implementation of the requirements of this section, including costs and usage estimates attributable thereto, in relation to achieving an integrated accessible transportation system in the city of New York, including the provision of paratransit transportation throughout each county wholly contained within the city of New York; b. Assess the need for changes in the system based on technological advances and other changing conditions and make recommendations for coordination of the system with other public transportation and specialized transportation services in the region; and c. Include such other elements as may be deemed necessary to evaluate the effectiveness of the system. 7. Inconsistent provisions. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general, special or local, the provisions of this section shall be controlling. However, the provisions of this section shall be implemented in such manner to ensure compliance with federal legislative and administrative funding eligibility requirements regarding the transportation disabled. 8. Severability. If any provision of this section or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect or invalidate the remainder of any provision of this section or the application of any part thereof to any other person or circumstance and to this end the provisions of each subdivision of this section are hereby declared to be severable.