mobility management call center, eligibility … access mobility...mobility management. the term...
TRANSCRIPT
Request for Proposal
for
MOBILITY MANAGEMENT CALL CENTER, ELIGIBILITY DETERMINATION, AND PROGRAM MANAGEMENT
711 Grand Street, Suite 110
San Rafael, CA 94901
Tel: (415) 226-0855
www.marintransit.org
Service Requested: • Provision of a call-in/walk-in center that provides a single location for consumers to obtain Marin Access program information and counseling.
• Eligibility determination for all Marin Access programs, including ADA paratransit, Catch-A-Ride taxi discount, volunteer driver reimbursement, and travel training.
• Management of the following Marin Access program: Catch-A-Ride (a subsidized taxi service), volunteer driver reimbursement (STAR/TRIP), and accessible same-day transportation scheduling.
Contract Type: Mobility Management
Duration: 2 Fixed and 4 Option Years
Date Issued: February 7, 2018
Proposals Due: March 19, 2018 at 3:00 pm
Anticipated Award: May 7, 2018
Commencement Date: July 1, 2018
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TABLE OF CONTENTS
Section 1 – General Information .........................................................................................................4
1.1 Overview of District ......................................................................................................................4
1.2 Introduction .................................................................................................................................4
1.3 Definitions ...................................................................................................................................5
1.4 Proposal Timeline .........................................................................................................................6
1.5 Description of programs ...............................................................................................................6
Section 2 – Scope of Work ..................................................................................................................8
2.1 Customer Service..........................................................................................................................8
2.2 ADA Paratransit Eligibility Determination .................................................................................... 10
2.3 Program Management and Administration ................................................................................. 12
2.3.1 Catch-A-Ride and Other Same-Day Transportation .................................................................. 12
2.3.2 Volunteer Driver Program (STAR and TRIP) .............................................................................. 13
2.3.3 Reporting, Coordination, and General Administration ............................................................. 14
Section 3 – Other Requirements ....................................................................................................... 14
3.1 Staffing ...................................................................................................................................... 14
3.2 Offices (Contractor provided)...................................................................................................... 15
3.3 Equipment (Contractor provided) ............................................................................................... 15
3.4 Information Technology ............................................................................................................. 16
Section 4 – Proposal Requirements................................................................................................... 17
4.1 Proposals ................................................................................................................................... 17
4.2 Pre-Proposal Meeting and Questions .......................................................................................... 21
4.3 Proposal Submittal Procedure .................................................................................................... 21
4.4 Proposal Evaluation and Award Procedure .................................................................................. 21
4.5 Additional Considerations ........................................................................................................... 22
ATTACHMENT A: TRAVEL NAVIGATOR HANDBOOK TABLE OF CONTENTS.......................................... 25
ATTACHMENT B: TRAVEL NAVIGATOR SATELLITE HOURS SCHEDULE .................................................. 28
ATTACHMENT C: CATCH-A-RIDE SERVICE PROVIDER COMPENSATION BY RIDE ................................... 29
ATTACHMENT D: SAMPLE CATCH-A-RIDE SUBCONTRACT AGREEMENT .............................................. 30
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ATTACHMENT E: PRICE PROPOSAL (sample only – download attached Excel document) .................... 40
Exhibits ............................................................................................................................................ 41
Exhibit A: Standard Short Form Contract ........................................................................................... 41
Exhibit B: FTA Grant Contract Provisions for Professional Services ..................................................... 51
Exhibit C: FTA Certification Forms ..................................................................................................... 57
Exhibit D: California Levine Act Statement ........................................................................................ 63
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MARIN TRANSIT REQUEST FOR PROPOSALS
MOBILITY MANGEMENT CALL CENTER, PROGRAM ELIGIBILITY DETERMINATION, AND SELECTED PROGRAM MANAGEMENT
SECTION 1 – GENERAL INFORMATION
1.1 OVERVIEW OF DISTRICT
The Marin County Transit District (Marin Transit or District) was formed by a vote of the people of Marin County in 1964 and was given the responsibility for providing local transit service within Marin County. Although Marin Transit has responsibility for local transit services, it does not own any facilities and does not employ its own operators. Instead, Marin Transit contracts with public, private, and nonprofit providers for local bus and paratransit services.
Under the umbrella of Marin Access, Marin Transit offers a variety of programs that serve the transportation needs of older adults and people with disabilities. A team of Travel Navigators coordinate and match four mobility programs with eligible riders. These include ADA paratransit, travel training, volunteer driver (STAR/TRIP), and subsidized taxi (Catch-A-Ride). The Travel Navigators provide trip planning and technical assistance so that riders can select the most appropriate option to make their trips. Delivery of Marin Access services is supported by the Measure A local transportation sales tax and the Measure B vehicle license fee. Measure B designates funds specifically to expand and enhance transportation services for senior and disabled residents.
1.2 INTRODUCTION
Marin Transit requests Proposals from qualified firms to operate the Marin Access Mobility Management Center.
The Mobility Management Center will be a “one-call” center that provides a single location to:
• Access program information;
• Determine eligibility for all Marin Access services;
• Provide assistance with scheduling same-day transportation (including Catch-A-Ride and same-day transportation pilot program); and
• Provide customer service for all Marin Access programs.
The selected Proposer will also manage and administer programs that fall under the Marin Access umbrella including:
• Catch-A-Ride (subsidized taxi service);
• Two volunteer driver programs (STAR and TRIP);
• Low-income fare assistance; and
• Forthcoming same-day transportation pilot program.
The services requested in this RFP consolidate the functions of two current programs (currently provided under separate contracts)– Travel Navigators and Catch-A-Ride – with a new same-day transportation pilot program offering accessible same-day transportation scheduling to create a Mobility Management Center.
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This RFP is open to all firms with the ability to provide the stated requirements listed in this Solicitation. This RFP consists of the following key documents:
Section I – Instructions to Proposers
Section II – Scope of Work
Section II – Other Requirements
Section IV – Proposal Requirements
Exhibits – Materials and Certifications to be accepted or submitted by Proposers
1.3 DEFINITIONS
As used in this RFP:
Addendum. The term “Addendum” means a written revision to this Solicitation document, issued and posted on the Marin Transit website for all Prospective Proposers to review.
Contract or Agreement. The term “Contract” or “Agreement” means the Contract for the operation of the Marin Access Mobility Management Center entered into between Marin Transit and the successful Proposer in this procurement.
Contractor. The term “Contractor” means the individual, firm, company, corporation, partnership, or association executing the Contract, as the entity providing the services described in this RFP.
Days. The term “Days” means calendar days, unless otherwise specifically indicated.
Equipment. The term “Equipment” means the equipment provided by the Contractor to provide services under the Contract.
Federal Transit Administration (FTA). The term “Federal Transit Administration” or “FTA” means the Federal Transit Administration of the United States Department of Transportation or its successor entity.
Marin Access. The term “Marin Access” means the brand name of the services provided by Marin Transit to meet the transportation needs of seniors and people with disabilities in Marin County, California (excludes fixed route).
Marin County Transit District. The term “Marin County Transit District,” “Marin Transit,” and “District” means the Marin County Transit District, which is the transit district for Marin County, California.
Mobility Management. The term “Mobility Management” means a program or service that aims to improve specialized transportation for older adults, people with disabilities, and individuals with lower incomes through a range of activities.
Office. The term “Office” means the Contractor provided facilities used by the Contractor to house and support the Marin Access Mobility Management Center.
On Demand or Demand Response Transportation. The term “On Demand Transportation” or “Demand Response Transportation” means any transportation where passenger trips are generated by calls or requests from passengers or their agents to the transit operator, who then dispatches a vehicle to pick the passengers up and transport them to their destinations.
Price Proposal. The term “Price Proposal” means the portion of the Proposal submitted in response to the Request for Proposals which represents the Proposer’s total Contract price proposed.
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Project Manager. The term “Project Manager” means the individual who is responsible for oversight of this Contract and is the point of contact for issues that arise during the Contract.
Proposal. The term “Proposal” means the response submitted by the Proposer, and any interview and exercise, pursuant to the issuance of this Request for Proposal.
Proposer. The term “Proposer” means any person or firm who submits a Proposal in response to this RFP.
Prospective Proposer. The term “Prospective Proposer” means any person who indicates an interest in responding to this RFP.
Same-Day Transportation. The term “Same-Day Transportation” means any transportation service available to request and reserve on the same-day as a rider’s trip.
Solicitation. The term “Solicitation” means this RFP.
Travel Navigator. The term “Travel Navigator” means front line staff who regularly assist the public in person, over the phone, and via email.
1.4 PROPOSAL TIMELINE
Table 1.1: Proposal Timeline
Task Date
Request for Proposals issued by Marin Transit February 7, 2018
Pre-proposal meeting/call-in (711 Grand Avenue, Suite 110, San Rafael, CA at 11:00 am PST)
February 15, 2018
Deadline for receipt of written questions and requests for addenda February 26, 2018
Marin Transit responses and addendum issued March 2, 2018
Proposals due – 3:00 p.m. PST March 21, 2018
Oral Interviews TBD
Contract award (anticipated) May 7, 2018
Commencement date July 1, 2018 Marin Transit reserves the right to alter the dates shown above by written notice.
1.5 DESCRIPTION OF PROGRAMS
Current Programs
Marin Access is designed to help older adults and people with disabilities in Marin County understand and utilize their transportation options within the County and larger Bay Area. The Marin Access Mobility Management Center will expand upon the current roles and responsibilities of the current
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Marin Access Travel Navigator program to also include program management and scheduling and dispatch of the Marin Access Catch-A-Ride program and other same-day transportation requests, including a pilot on-demand transportation program powered by Via.
The current Travel Navigator contract encompasses the following:
• High quality customer service, including call center services and in-person public outreach.
• Eligibility determination and enrollment for all Marin Access services, including ADA paratransit, Catch-A-Ride, STAR and TRIP Volunteer Driver Reimbursement programs, and low-income fare assistance program.
• Administration of the District’s low-income fare assistance program and management of the STAR and TRIP Volunteer Driver reimbursement programs.
The current Catch-A-Ride contract encompasses the following:
• Management of the Catch-A-Ride program, including management and maintenance of subcontracts with suitable providers including current taxi operators. The Catch-A Ride Program operates as a transportation brokerage by ordering required rides to be performed by subcontracted providers.
• Reservations and scheduling for Catch-A-Ride.
Table 1.2: Key Metrics of Current Programs
Staffing Travel Navigators Catch-A-Ride
Staffing Level 4 employees (1 Manager + 3 Staff) spending 100% of their time on this program
2 employees
Customer Service Travel Navigators Catch-A-Ride
Call Volume Average 600 total inbound and outbound calls per month
Between 1,500-2,000 inbound calls per month
Average Call Time Between 3 and 5 minutes Varies
Monthly Email Volume 20-30 N/A
Monthly rides scheduled (average) N/A 1,200
Public Outreach Events 3 – 6 events per month N/A
Eligibility and Program Administration Travel Navigators Catch-A-Ride
Monthly VDP Reimbursements 110 N/A
Eligibility Applications Process (all programs) 50/month N/A
ADA Eligibility Applications 40/month N/A
ADA Eligibility Re-certifications 90/month N/A
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Travel Training Requests 1 to 3 requests per month N/A
Costs Travel Navigators Catch-A-Ride
FY17 Fixed Costs $280,800 $84,000
FY17 Pass Through Costs $73,420 $212,209
Same-Day Transportation Pilot Program
Marin Transit has entered into an agreement with Via Transportation Inc. to provide a cloud-based technology platform for scheduling and dispatch of on-demand transit service. The Via software will enable riders to use a smartphone application or a phone call to request a shared-ride service. The service will be delivered using District-operated accessible vehicles under an existing operations contract.
The On-Demand service will be available to the general public but Proposer will be responsible for supporting the program for those who are unfamiliar or uncomfortable with smartphone technology. This support could include enrolling new riders, receiving ride requests over the telephone, using a web-based scheduling dashboard provided by Via, responding to customer complaints, and providing problem resolution.
SECTION 2 – SCOPE OF WORK
While this RFP provides certain minimum criteria, responding firms should design their submissions to create the most convenient, sustainable, and attractive option for customers, Marin Transit, taxi companies, and drivers.
2.1 CUSTOMER SERVICE
Under this contract, front line staff who regularly assist the public in person, over the phone, and via email will identify themselves as “Marin Access Travel Navigators.” The following bullet points describe the tasks and responsibilities that Travel Navigators regularly assume to respond to all requests for transportation information and eligibility, assist callers or visitors with eligibility applications, and provide technical assistance or problem resolution. Please see Section 3.1. for Staffing Requirements.
• Contractor will provide Travel Navigator, Catch-A-Ride, and same-day scheduling services in both English and Spanish during all business hours with staffing to ensure the appropriate coverage will be provided between 7 am and 7 pm every day.
• Contractor will take over responsibility for the phone line associated with this service. Contractor staff must be available to answer this phone number during all business hours. Travel Navigators will respond to calls with a standard, scripted greeting provided by Marin Transit. Outside of these hours, the Contractor must provide a machine or other method to record messages.
• While performing their duties, Travel Navigators employed by Contractor must maintain a clean and neat appearance and must wear employee badges that clearly display the employee’s name, position, and photo, as well as the Marin Transit logo.
• Travel Navigators will have sufficient knowledge and training to provide high level customer support and problem resolution. Travel Navigators shall have subject area expertise in the
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following: Americans with Disabilities Act (ADA) regulations as they relate to paratransit and public transit; regional and local paratransit eligibility process; ADA regulations and best practices regarding paratransit eligibility; all Marin Transit and Marin Access programs including the fixed route bus routes; and other transportation options available in Marin County. The successful Proposer is responsible for training personnel on new policies, programs, rules, or regulations.
• Travel Navigators should be able to effectively and appropriately interact with and provide service to persons who are very elderly and/or have a disability.
• Proposer will be able to provide information to customers including, but not limited to, the following:
a. Marin Transit and Marin Access programs and services;
b. Other available private, public, and non-profit transportation programs that support mobility in Marin County;
c. Clipper Card, including Senior Clipper Card and RTC Card enrollment;
d. Contact information for fixed-route customer service in Marin County and other Bay Area counties;
e. Comprehensive transportation counseling based on the consumer’s needs;
f. Specific trip planning as appropriate;
g. Technical support, advice, and assistance to aid Marin Access consumers in utilizing online tools available to schedule, manage and pay for rides on Marin Access and Marin Transit services. The District will provide Contractor with training on all user-facing online tools developed by Marin Transit.
• Travel Navigators will work with new and existing customers to review their travel needs and patterns, help them understand the available services, and develop individual mobility plans.
a. Travel Navigators are required to assist potential riders with filling out all required paperwork deemed necessary for eligibility.
b. In-person counseling and eligibility interviews shall occur in a private office to ensure that personal information is not compromised.
• Contractor will assess and determine eligibility for all Marin Access programs, including ADA Paratransit (additional detail on this eligibility assessment is provided in Section 2.2 below), Catch-A-Ride, Volunteer Driver (STAR/TRIP), Means Based Fare Assistance, and Travel Training. To determine eligibility, Contractor will follow guidelines determined by Marin Transit. For a high level overview of current policies and procedures, refer to Travel Navigator Handbook Table of Contents included as Attachment A.
• Contractor will enter all applicant data into relevant databases or software and update customer information to ensure it is current and accurate.
• Contractor will distribute rider orientation material on all Marin Access programs. Marin Transit will design all printed materials. Depending on the nature of the material, it will be printed by either Marin Transit or Contractor. Printing and mailing costs incurred by Contractor will be reimbursed as part of the monthly billing process.
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• Travel Navigators will determine applicant eligibility for the District’s low-income/means-based fare program and assign or distribute tickets or credits to qualified riders.
• Travel Navigators will schedule and support rides through Catch-A-Ride and same-day transportation pilot program. Ride information will be entered into the appropriate database or software, to be provided by Marin Transit. This database will be used to track rides and to determine ride fares.
• Contractor’s Project Manager or designated staff will respond promptly to customer complaints and, if appropriate, coordinate such responses with District staff. Proposer will record all complaints, suggestions, and commendations in the District’s TransTrack data management system and assign them to the appropriate supervisor at Marin Transit or contractor. Procedures must be established to ensure that project management staff is aware of passenger complaints and operational problems. All customer complaints and comments must be logged and reported to Marin Transit in a timely manner.
• Proposer will maintain office hours at rotating satellite locations throughout Marin County (Novato, San Rafael, Marin City, and Point Reyes), including one day per month at the Marin Transit administrative offices. See Attachment B for current schedule. Contractor will not be required to bear any cost associated with office space at off-site locations.
• Travel Navigators participate in District’s travel training related group program outreach presentations and provide on-site eligibility determinations as appropriate. Proposer will identify candidates for travel training and refer them to the appropriate Marin Transit staff.
2.2 ADA PARATRANSIT ELIGIBILITY DETERMINATION
The Contractor will conduct ADA eligibility assessments for the Marin Access Paratransit program, on behalf of Marin Transit and Golden Gate Transit.
• Applicants will submit applications to the Travel Navigators by email; by fax; or by mail. Marin Transit will provide email log-in information.
• Travel Navigators are required to assist potential riders with filling out all required paperwork deemed necessary for eligibility.
• Upon receipt of a completed application packet, Travel Navigator will verify the functional abilities, disabilities, and/or medical information described and provided by the applicant by interviewing the applicant by phone. Travel Navigator will clarify with the applicant any documentation issues and/or concerns that may exist in the certification process and answer any questions or concerns of the applicant regarding the service, process, expectations, and/or reasonable modifications.
• If the applicant is unable to participate in a telephone based-interview, or if an interview via telephone is inconclusive or ineffective, Travel Navigator will interview the applicant in person at the Travel Navigator Offices. See Section 3.2: Offices (Contractor Provided) for office requirements. Marin Transit will provide the applicant with paratransit transportation at no charge to and from an applicant’s residence to the interview site if requested by the applicant. Applicants are allowed one personal care attendant that can provide assistance to the applicant throughout the eligibility certification process. Contractor will coordinate with Marin Transit and the applicant in advance to schedule those rides.
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• Contractor’s interview will evaluate the applicant’s physical, cognitive, and visual limitations. At this time, Marin Transit does not require functional assessments of applicants but reserves the right to do so during the term of this contract. Such a functional assessment will evaluate the applicant’s functional and cognitive abilities to perform various skills necessary to take a trip on public transit independently. Contractor will continue the interview with the applicant until Contractor has sufficient information to make an eligibility determination for that applicant. However, if the interview is not determinative, Contractor will conduct a medical verification.
a. PROFESSIONAL VERIFICATION: If the interview does not yield sufficient information to establish eligibility, then Contractor shall obtain additional information about the applicant’s disability by contacting the most appropriate licensed professional. The applicant must provide contact information for the licensed professional who is most knowledgeable about the applicant’s disability or medical condition.
• Upon completion of the interview and the potential medical verification, Contractor will determine whether the applicant is eligible, and, if eligible, the duration of the eligibility. Contractor determines eligibility based on ADA-defined eligibility, which defines three categories of eligibility (see 49 CFR Section 37.123(e) (1)-(3)). If Contractor determined an applicant is eligible, Contractor then determines the duration and extent of eligibility (Temporary; Conditional; or Unconditional). For applicants with acute short-term medical needs, such as chemotherapy or radiation treatment, Marin Transit will grant temporary unconditional eligibility. If conditional eligibility is granted, Contractor determines under which conditions the applicant can use paratransit. Contractor will also determine whether the applicant will usually travel with a personal care attendant, use any mobility aids, or travel with a service animal.
• Contractor must ensure that its documentation is true and accurate when recording eligibility information in the database(s) provided by Marin Transit and during all record keeping processes. Evaluations not fully documented or which require clarification are considered incomplete. Once an eligibility determination is made the Contractor will, within the required 21 days, prepare a summary of their evaluation and the basis for their eligibility determination, prepare and mail the written determination (“Eligibility Determination Letter”) to the applicant, and save the Eligibility Determination Letter in the appropriate location(s) as identified by Marin Transit.
• For approved applicants, the Eligibility Determination Letter will have, at a minimum, the customer’s ID number, whether the eligibility is temporary or conditional, and if temporary or conditional, what time constraints or conditions apply, and the duration of eligibility. Any ADA paratransit eligible clients, other than those receiving unconditional eligibility, who disagrees with the Contractor’s determination has the right to appeal the decision. Marin Transit will facilitate the appeals process. For all ADA paratransit eligible clients not determined to have unconditional eligibility, the Eligibility Determination Letter will also inform him or her of his or her right to appeal decision and will provide instructions on how to submit the appeal. Eligibility Determination Letters must be sent by Contractor within three (3) business days of the eligibility determination being made and within the ADA required 21 days for the entire certification approval process.
• For ineligible applicants, Contractor will explain in the Eligibility Determination Letter why the applicant has been denied eligibility. Contractor will also inform him or her of his or her right to appeal the decision and will provide instructions on how to submit an appeal. Marin Transit will facilitate the appeals process.
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2.3 PROGRAM MANAGEMENT AND ADMINISTRATION
2.3.1 Catch-A-Ride and Other Same-Day Transportation
Marin Catch-A-Ride provides discounts for taxi rides within Marin County to eligible older adults and people with disabilities. The program is intended to increase same-day mobility for paratransit eligible riders and older adults who no longer drive or may be beyond their driving years. Catch-A-Ride is a paperless “virtual” voucher program that tracks riders, their rides and ride costs through a database unlike most discount taxi programs that rely on the distribution, collection and accounting of paper taxi vouchers. In FY 2016/17, Marin Catch-A-Ride provided an average of 1,200 one-way discounted taxi rides per month.
Currently in the planning and development stages, Marin Transit has signed an agreement with Via Transportation Inc. to provide technology that will allow the District to use agency owned accessible vehicles to provide same-day transportation services. These services will be offered in concentrated areas within the County with the goals of expanding the same-day transportation services offered in accessible vehicles and encouraging short first/last mile connections to the existing transit network. The Via technology will allow users to register and request rides using a smartphone or personal computer. Travel Navigators will provide customer and scheduling support over the phone to riders unfamiliar or uncomfortable with signing up and booking rides through the online tools.
• Maintain agreements and perform financial reconciliation with taxi industry and other qualified providers in the Catch-A-Ride program. Contractor will inform participating transportation providers of how the program is structured and operated, and drivers’ roles in verifying rider identity and fare collection. Contractor will also negotiate fares that incorporate the providers’ standard senior discounts when possible. Contractor will negotiate fares that are mileage-based rather than meter-based. Contractor will instruct participating providers to use the most direct, shortest possible route for providing service to program participants. Contractor will also negotiate a minimum fee per ride with the transportation providers, a fee to be paid to the provider should a rider no-show, and an additional fee to be paid for each ride given in a wheelchair accessible vehicle. Current rates are included as Attachment C. A sample Catch-A-Ride subcontractor agreement is included as Attachment D.
• Manage consumer accounts and monitor usage to ensure they are in compliance with protocols established by the District. The District reserves the right to change the following Catch-A-Ride customer usage protocols that will be in effect at the beginning of the Agreement term:
a. Minimum prior notice required to request a ride: 2 hours
b. Monthly maximum number of one-way rides per riders: 8
c. Standard per-ride discount: $14
d. Low-income per-ride discount: $18
• Ensure service quality and help prevent service-related problems from subcontracted taxi providers and avoid misuse of the program by customers and contractors.
• Eligible riders in the Catch-A-Ride program will be provided partially subsidized rides in vehicles operated by taxi companies, PUC licensees, and/or non-profit organizations. Rides will be ordered, scheduled, and paid utilizing a centralized broker process. The Proposer may provide up to 25% of total completed trips monthly through its own approved vehicles and drivers, or through the services of a transportation company in which it has an ownership interest.
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Proposer may provide in excess of 25% of total rides if subcontractors are unable to fulfill requests.
• Interact with Catch-A-Ride and same-day transportation provider(s) or a provider’s software interface to schedule and support rides. Contractor will specify to providers that drivers are to verify rider identity by checking that the rider’s identification matches the name of the scheduled rider. Riders without matching identification will not be permitted to ride. Transportation services shall be curb-to-curb, unless the passenger requests additional assistance, at which time door-to-door service shall be given, with the exception that drivers are not responsible for lifting wheelchair riders up or down stairs. Drivers are responsible for assisting riders into and out of the vehicle.
• Based on the final program details, support the same-day transportation pilot service for those in need including registering, trip booking, and trip management.
2.3.2 Volunteer Driver Program (STAR and TRIP)
Since 2011, Marin Access has administered and supported two non-traditional volunteer driver programs based on the TRIP (Transportation Reimbursement and Information Program) model. The TRIP model was developed by the Independent Living Partnership of Riverside County, California. Under this model, riders recruit their own drivers and reimburse them for mileage costs using funds from the sponsoring agency (in this case, Marin Transit). In East Marin, the program is known as STAR. In West Marin, the program is known as TRIPtrans, or more commonly, as TRIP. TRIP in West Marin is slightly different than STAR because West Marin Senior Services occasionally recruits and vets volunteer drivers and matches them with riders who need assistance. Contractor will:
• Receive and process reimbursement requests from program participants monthly. Drivers of eligible trips are reimbursed at a rate of $.35 per mile in east Marin County and $.45 per mile in west Marin County, with payment to come through the hands of the rider to the driver. Except in extenuating circumstances approved by the District, riders can qualify for up to 100 miles per month in east Marin County and 400 miles per month in west Marin County. All proposed changes to the reimbursement rate and the policy on reimbursable miles must be approved in advance by the District.
• Ensure that program participants meet program requirements as described in the Program Rider and Driver Handbooks. This will include eligibility requirements, volunteer driver specifications, geographic boundaries, prohibition on reimbursements for rides already reimbursed by other programs, and monthly mileage caps.
• Verify that VDP does not reimburse rides where the driver is a family member of the rider. A hardship exception to this rule is allowed with the approval of the District Mobility Management staff.
• Assist VDP customers in identifying potential driver candidates, provide marketing and publicity to effectively publicize the program to potential volunteers and riders, monitor service quality and effectiveness, and prevent fraud.
• Provide all other components, services, or resources necessary for the successful operation of the current or future VDP, including those not specified in this Agreement.
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2.3.3 Reporting, Coordination, and General Administration
• The Contractor will be required to attend all meetings and/or training sessions as identified by Marin Transit. The Contractor may be excused from attendance only by prior written consent from Marin Transit.
• Use District’s TransTrack data management system to monthly record and report on call center and eligibility operations and trip data including: enrollments, certifications, number of trips served and denied, trip purpose, revenue hours, volunteer miles and hours, incidents or accidents, complaints, call center performance, and other data as requested. Monthly narrative reports shall be provided to District at a standing meeting with a copy to be provided via written communication. Provide periodic reports as defined by Marin Transit staff.
• Track volunteer driver program usage to insure that annual mileage reimbursements do not exceed available program funds.
• Support Marin Transit led marketing efforts for programs managed or operated under this contract. As requested by Marin Transit, contact riders and volunteer drivers by telephone for follow-up discussions or surveys.
SECTION 3 – OTHER REQUIREMENTS
3.1 STAFFING
The Contractor will be solely responsible for maintaining a qualified labor force and ensuring satisfactory work performance of all employees as described by this RFP. The Contractor must have policies to minimize employee turnover and retain qualified personnel.
The Contractor will be required to comply with Marin County’s Living Wage Ordinance throughout the duration of the contract and complete a Living Wage Ordinance Declaration. Rules regarding the Living Wage can be found at: https://www.marincounty.org/depts/ad/divisions/management-and-budget/living-wage-ordinance.
Contractor Employees will be issued “Employee” badges that will provide free access to the local Marin Transit fixed route services.
The Contractor will be solely responsible for payment of all employee wages, benefits, and subcontractor costs. Without any additional expense to Marin Transit, the Contractor will comply with the requirements of employee liability, worker's compensation, employment insurance, and Social Security. The Contractor will defend, indemnify, and hold Marin Transit and Golden Gate Transit harmless from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices. Marin Transit will have the right to demand removal of any personnel furnished by the Contractor from the project for reasonable cause (to be determined by Marin Transit).
The Proposer will include the wages and benefits proposed to be offered to the proposed Contractor staff. Marin Transit will evaluate the wage and compensation package as part of the evaluation process. Contractors are encouraged to consider hiring existing Contractor staff to ensure program continuity.
Marin Transit must be notified in writing of any changes to personnel and reserves the right to reject changes in staffing. Should any position be vacant for more than 30 days, the salary for that position for
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the time in which it remained vacant will be credited back to Marin Transit. The Contractor must file and maintain a a current organization chart every fiscal quarter. The following minimum personnel must be filled by the Proposer and must be included with any proposal: Project Manager and Travel Navigators. The Contractor’s personnel must demonstrate the ability to provide the general functions as described below:
• Project Manager (100% dedicated to contract): A designated Project Manager who will be dedicated to this contract. The Project Manager will be directly responsible for coordinating and managing the delivery of services. The Project Manager will work with Marin Transit to address day-to-day issues. The Project Manager will also interface with Marin Transit staff to address Marin Transit’s strategies and the parties’ relationship under this agreement. In the event that Marin Transit is dissatisfied with the Contractor’s Project Manager, the Contractor agrees to remove and replace the Project Manager within four (4) weeks of receipt of notification from the District.
• Travel Navigators: Trained customer service representatives capable of answering calls and/or in-person or digital communications from Marin Access customers and providing the services outlined in Section 1.4.1.
a. Marin Transit requires that there are at least two (2) dedicated customer service representatives (100% allocation to contract) when the Travel Navigator call center is open.
b. Marin Transit requires that during all business hours at least one of the dedicated customer service representatives be English/Spanish bilingual.
c. Contractor will also ensure phone coverage for same-day scheduling 365 days a year. Hours will be determined by Marin Transit and are subject to change.
3.2 OFFICES (CONTRACTOR PROVIDED)
The Contractor will provide adequate and accessible office space for supporting the operation of this Contract. The office space will include (but not be limited to): a dedicated workspace for the Travel Navigators, a separate private office for meeting with clients in a central location in Marin County, an appropriate phone system that supports the anticipated call volume and adequate oversight of call staff, and workstations to support the Travel Navigator software needs. Preference is given to offices with a street level presence located in close proximity to public transit and dedicated accessible parking spaces.
3.3 EQUIPMENT (CONTRACTOR PROVIDED)
Marin Transit expects Contractor to provide equipment needed for day-to-day operations. At a minimum, Contractor will provide the following equipment to support the Marin Access Mobility Management Center:
3.3.1 Computer Equipment
• Office Local Area Network (LAN)
Ethernet Switch Equipped with business grade network gigabit switch Cabling CAT5e or higher
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• Server for hosting Microsoft Access database
Operating System Windows Server 2012 or newer Processor (CPU) 3.0 GHz or faster Memory (RAM) 8 GB recommended. More memory may be required if server running
other applications Available Disk Space 40GB recommended
Disk failure tolerance A RAID array should be configured Backup Daily copy of database file to secondary medium
• Computer workstations for all Travel Navigators
Operating System Windows 7 Professional 64bit or higher Processor (CPU) 3.0 GHz or faster Memory (RAM) 4 GB recommended. More memory may be required if computer
running other applications Available Disk Space 60GB recommended
Productivity Software Microsoft Office 2010 Professional or higher Security Software Trend Micro Internet Security, ESET NOD32 Antivirus, or not freely
available advertisement filled antivirus software VPN Cisco VPN Client, Shrew Soft VPN Client
• IT Support
Vendor Qualified IT professional with internet security knowledge. Contractor will provide maintenance of the required phone system, user workstations, user applications, desktop systems, and internet connectivity required to run the programs. Contractor will provide sufficient staffing to ensure security and prevent disruption of critical business processes, including phone lines, internet connectivity, software, or other required equipment or connectivity.
Support Hours Travel Navigator and Same-Day Scheduling business hours
3.3.2 Telephone Equipment
Marin Transit will provide the actual phone number to be used for the Travel Navigators. Contractor will provide a phone system to accommodate a minimum of three active calls at one time with TDD capability, an additional line for voicemail/hold, call time tracking (speed of answer, talking duration, hold time), abandon rate tracking, number of call tracking (inbound, outbound, missed), and call recording or monitoring capability. Voicemail or automated answering systems need to be provided in both English and Spanish.
3.4 INFORMATION TECHNOLOGY
Marin Transit will provide Contractor with the following software to be used in the determination of eligibility and maintenance of a customer database for all Marin Access programs. Marin Transit
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reserves the right to upgrade, modify, or replace any of the listed software and expects Contractor to implement such changes in coordination with the District.
AssistedRides Software – This comprehensive software package assists in the administration of the STAR and TRIP volunteer driver programs. This software is accessible through the internet.
Catch-A-Ride Database – This Microsoft Access database is currently used by Catch-A-Ride staff to track rider and ride information. On the user side, the database tracks: rider name, rider identification number, rider contact information, rider date of birth, rider ADA eligibility, required vehicle type (standard or wheelchair accessible), ride subsidy category and corresponding dollar amounts subsidized by ride (regular or low-income), a running balance of rides taken per month versus rides authorized and no-shows. The database also calculates the fare for each ride and tracks the following for each requested trip: origin, destination, status of ride (requested, scheduled, denied by taxi company, no show, cancellation), provider, time of ride, mileage, vehicle type, user subsidy level, fare paid by Marin Transit, fare paid by rider, and total fare. The Catch-A-Ride database is accessible by remote access through VPN.
Regional ADA Eligibility Program (RED) – This program and database was developed by the Metropolitan Transportation Commission to provide a unified application process and database for all ADA eligible paratransit riders throughout the nine county San Francisco Bay Area. Travel Navigators will manage eligibility for Marin Access Paratransit through this database program. The RED database is accessible through the internet.
Trapeze – Marin Transit currently uses Trapeze for dispatching and scheduling of paratransit trips. Travel Navigators will access the database to input newly enrolled clients. Trapeze is accessed through a VPN to Marin Transit’s remote servers.
Travel Navigator Database – This Microsoft Access database is used by Travel Navigators to determine eligibility for Marin Access programs. The database was created in-house by Marin Transit staff and currently requires hosting at the contractor’s location.
SECTION 4 – PROPOSAL REQUIREMENTS
4.1 PROPOSALS
Proposers must provide one bound and one unbound proposal plus one electronic copy. Proposals should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate, and reliable presentation. The response to this RFP must be made in accordance with the format set forth in this section. Failure to adhere to the following format may be cause for rejection of the proposal as non-responsive.
Proposals will be organized in the following format:
1) Cover Letter
a) Identify the prime Contractor and describe any subcontract arrangements
b) Identify the person who is authorized to negotiate for the team
c) Indicate that the Proposal represents a firm binding offer for 120 days
d) Acknowledge receipt of all addenda by addendum number
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e) Indicate willingness to accept the terms and conditions in the attached Standard Short Form Contract (Exhibit A) or list those to which Proposer takes exception, and, as appropriate, provide proposed alternate wording. It is not Marin Transit’s intent to make substantial changes to the Standard Short Form Contract.
f) Corporate Capabilities, Experience, and Past Performance
g) Relevant Experience: Describe your firm’s experience as it relates to this Contract. Experience should reflect Proposer’s knowledge of Mobility Management, public transportation, industry best practices, relevant programs and legislation, and an ability to provide a high level of customer service.
h) References: Provide at least three relevant references including:
i) Name and address of client
j) Description and terms of services provided
k) Name of the individual responsible for administering and monitoring the contract for the client organization, and an email address and telephone number where that person can be reached.
l) Company Financial Capacity: Indicate if Proposer, and/or any of its owners and/or officers, has filed (voluntarily or involuntarily) bankruptcy within the last seven years. Proposer must provide detailed information concerning such bankruptcy. Proposer must also provide detailed information on any failures to complete awarded contracts and any contract defaults or terminations.
2) Scope of Work
a) Approach and Work Plan: The Proposer should provide a description of the firm’s approach to performing services. Proposals must include a description of the services to be rendered per the Scope of Work (Section 2) including a detailed proposal of how the work will be performed by the Proposer. For example, outline a proposed work plan and methodologies that will be employed to accomplish the work.
b) Project and Account Management:
i) Provide details regarding how Marin Transit will be supported as a customer including customer management programs and transition support.
ii) Provide a summary of the qualifications and background of the staff member identified as the Project Manager, including a recent resume.
iii) Demonstrate your plan to staff the Marin Access Mobility Management Center in a manner compliant with the scope of services. The Proposer should highlight their ability to recruit, retain, and train qualified personnel.
(1) Organization Chart: The Proposer should provide an organization chart which identifies how the Marin Access Mobility Management Center will be staffed and the position(s) responsible for training and supervision. Proposer should also describe how the requirement for a Spanish speaking Travel Navigator will be met.
(2) Subcontractors: Indicate whether or not your firm will be subcontracting portion(s) of the work. If so, indicate the name of the subcontractor, the portion of the work to be subcontracted and their State of CA Contractor’s License Number (if applicable).
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(3) Supervision: Describe how Travel Navigators will be monitored and evaluated. Explain how Proposer will use tools such as call recording and monitoring to aggressively pursue excellence in customer service. Describe how Proposer will monitor call center metrics such as call length, number of calls taken per operator and abandon rates, and how issues in the call center will be addressed. The Marin Access Mobility Management Center requires leadership from a person with significant experience in transportation or Mobility Management.
(4) Employee Scheduling: Provide proposed schedule that ensures phone and in-person coverage consistent with the requirements identified in this RFP. Identify how Proposer will maintain coverage during planned vacations or unexpected absences.
(5) Initial Training: Provide a detailed description and sample training schedule of Proposer’s training program. Include both required and optional training topics and total number of hours of classroom and on-the-job training that will be provided. Proposer must include a description of how staff is currently trained in rider/elder sensitivity and customer service, and, if necessary, propose additional training. Proposer must also address training to ensure that employees are appropriately trained to use the relevant databases and related software.
(6) Ongoing Training: Describe any ongoing training of personnel, including ongoing quality assurance of customer service and data entry.
(7) IT Management: Describe process for maintenance of the required phone system, user workstations, user applications, desktop systems, and internet connectivity required to run the programs. Describe efforts to ensure security and prevent disruption of critical business processes, including phone lines, internet connectivity, software, or other required equipment or connectivity
3) Scenario Planning: Please provide your proposed solutions to the following situations. Proposers should be prepared to elaborate on their written responses in oral interviews.
a) The demand for Catch-A-Ride increases and Marin Transit expresses an interest in increasing the availability of taxi providers through the program. Describe how you will engage in the search process and negotiations to subcontract with additional providers.
b) The Marin Access Mobility Management Center receives an application for ADA paratransit that provides the following information: 1) The applicant has used public transit in the past but is unfamiliar with transit in Marin County; 2) The applicant has a disability that prevents her from walking unassisted more than a block at a time under certain conditions; and 3) Contact information for a licensed professional is included but a licensed professional has not completed the verification form. Based on the information given, describe your next steps in approaching this application.
c) A customer walks into the Marin Access Mobility Management Center without an appointment. He insists that he has made an appointment. However, when asked for further details, he seems confused with difficulty finding the right words and asking for the same information over and over again. Describe how the Travel Navigators would accommodate this client.
4) Offices
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a) Contractor Offices: Provide the address where Marin Access Mobility Management Center will be housed and describe how the requirement for a private office counseling area in a central Marin County location will be met. Commit to providing these or comparable offices throughout the term of the Contract. Describe how this location is accessible to a majority, if not all, Marin Access clients. Examples include proximity to public transit, dedicated accessible parking spaces, street level presence, etc.
b) Technological Readiness of Facility: Describe how the Offices will support the information technology programs provided by Marin Transit.
c) Telephone System Capabilities: Describe the number of lines, equipment, and software to be used to provide Travel Navigator services including TDD capability, call time tracking, abandon rate tracking, number of calls tracking, call recording, etc.
5) Mobilization Plan: Describe transition plan between the time that this Contract is awarded and the first day of service. Transition Plans must include, but not be limited to include, the following:
a) Address all legal regulations and requirements
b) Listing/obtaining of office space, furniture, equipment, telephone and data lines
c) Installation of any furniture, equipment, telephone and data lines, if necessary
d) System Security and Security aspects related to a safe environment for staff
e) Transfer and organization of processes and documentation from existing Contractor and District
f) Coordination of enabling or disabling of logon IDs, if necessary
g) Implementation of standard operating procedures, generally accepted accounting procedures, generally accepted audit standards, and security over the computer system
h) Transfer of services including cutover dates
i) Staffing plan, including key management hires
j) Plans, if any, to hire any existing Travel Navigator or Catch-A-Ride contractor personnel
k) Hardware and/or Software Tools
l) Hardware and Software platforms utilized
m) Performance Testing Period
6) Value Added
Provide a detailed description of any services, programs or strategies that will be provided to add value to the Marin Access Mobility Management Call Center (do not restate information provided in other sections). Proposer should also include in this section an understanding of the community in which Mobility Management Center staff will be operating. Proposer is also encouraged to include any information on how the organization is uniquely qualified to offer these services, e.g. the compatibility between their organization’s mission and expertise and that of Marin Transit/Marin Access.
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7) Price Proposal: This Contract will be reimbursed based on a fixed monthly fee. Proposers must provide a detailed price proposal (provided in Attachment E) showing the cost components that make up the monthly fixed fee. Include in price proposal a cost per hour rate that would apply to any additional staff hours requested by Marin Transit (e.g. longer office hours).
8) Required Forms: Complete and include all of the forms included in:
a) Exhibit C (FTA Certification Forms)
b) Exhibit D (California Levine Act)
4.2 PRE-PROPOSAL MEETING AND QUESTIONS
Potential Proposers are invited to an informational pre-proposal meeting/teleconference on the date and time specified in the Proposal timeline at Marin Transit offices, 711 Grand Avenue, Suite 110, San Rafael, CA 94901. It will be possible to participate in this meeting via conference call. Interested firms should contact Marin Transit staff in advance in order to participate in the pre-proposal teleconference. Questions and answers from the pre-proposal meeting/teleconference as well as others received during the open question and answer time will be provided on Marin Transit’s website (http://www.marintransit.org/purchasing.html). It is the responsibility of the Proposer to visit Marin Transit’s website to obtain the question and answer information as well as any other updates to the RFP.
Questions pertaining to this RFP, the Scope of Services, or the proposal should be directed to:
Erin McAuliff Senior Transportation Planner 415-226-0871 [email protected]
4.3 PROPOSAL SUBMITTAL PROCEDURE
The proposal will be submitted in accordance with the following requirements:
1. The proposal will be transmitted with a cover letter as described above.
2. The proposal will be addressed to:
Marin Transit 711 Grand Avenue, Suite 110 San Rafael, CA 94901 Attention: Marin Access Mobility Management Center Proposal
3. The proposal will be dispatched in order to be received at the above address no later than the time specified in the proposal timeline. Late proposals will not be accepted.
4.4 PROPOSAL EVALUATION AND AWARD PROCEDURE
A Selection Committee will evaluate responses to the RFP. Members of this team will participate in any interviews that may be conducted with selected Proposers. The Project Manager should attend the
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interview. Marin Transit reserves the right to include information received in the interviews in the evaluation process. This is a most cost effective procurement and Marin Transit reserves the right to award to a Proposing firm other than that of the lowest Price Proposal. Evaluation of Proposals will be based on the following criteria established by Marin Transit:
The following criteria will be used to evaluate Proposals (relative weights as shown)
Criteria Suggested Points Poor: Proposer’s proposal or capability is either not acceptable or not applicable for this criterion 0% - 40% of points
Adequate: Proposer’s proposal marginally meets expectations for this criterion 40% - 60% of points Good: Proposer’s proposal or capabilities are superior and slightly exceeds expectation for this criterion 60% - 80% of points
Excellent: Proposer’s proposal or capability is exceptional and exceeds expectations for this criterion 80 % - 100% of points
The Price Proposal will be scored against a predetermined competitive range.
Criteria Available Points
% Assigned SCORE
Cover Letter/Executive Summary 5
Scope of Work
Approach and Work Plan 20
Project and Account Management 20
Staffing plan including wage and benefit package 20
Scenario Planning 5
Offices 5
Mobilization Plan 5
Value Added 5
Price Proposal 15
4.5 ADDITIONAL CONSIDERATIONS
Solicitation Disclaimer
Marin Transit reserves the right to withdraw this RFP at any time without notice. Marin Transit reserves the right to reject any and all responses. Marin Transit reserves the right to award to other than the low cost Proposer. All responses to this RFP become the property of Marin Transit upon submission. The costs of preparing a Proposal and participating in an interview are at the sole expense of the Proposer.
Confidentiality
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to these specifications, protest, or any other written communication between Marin Transit and Proposer will be available to the public.
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If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to Proposer’s competitive position if disclosed, Proposer will request that Marin Transit withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire Proposal as confidential.
Protests
A copy of Marin Transit’s written protest procedures is available upon request.
Changes in Scope-of-Work
Without invalidating the Contract, Marin Transit may order additions to or deletions from the work to be performed.
Pre-contractual Expenses
Marin Transit will not be liable for any pre-contractual expenses incurred by any Proposer, or selected Proposer. Pre-contractual expenses are defined as expenses incurred by Proposers and selected Proposer in:
• Preparing Proposal in response to this RFP
• Submitting Proposal to Marin Transit
• Negotiating with Marin Transit on any matter related to Proposal
• Incurring other expenses by Proposer or selected Proposer prior to date of award of any Agreement
Proposer will not include any such expenses as part of the price proposed in response to this RFP. Marin Transit will be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP.
Verbal Agreement or Conversation
No prior, current, or post award verbal agreement(s) with any officer, agent or employee of Marin Transit will affect or modify any terms or obligations of this RFP or any Contract resulting from this procurement.
Special Funding Considerations
Any Contract resulting from this RFP will be financed primarily with funds available from Marin County’s Measure A Transportation Sales Tax, Marin County’s Measure B Vehicle Registration Fee, and FTA grants. The Contract for this service is contingent upon the receipt of these funds and annual budget approval of the Marin Transit Board of Directors. In the event that funding from these sources is eliminated or decreased, Marin Transit reserves the right to terminate any Contract or modify it accordingly.
Withdrawal of Proposals
Any Proposer may withdraw his/her Proposal received by Marin Transit, either personally or by telegraphic or written request, at any time prior to the time fixed for receiving Proposals. Negligence on the part of the Proposer in preparing his/her Proposal confers no right of withdrawal or modification of the Proposal after such Proposal had been opened.
No Proposal may be withdrawn for a period of 120 Days after the date and time for receiving Proposals.
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Insurance/Indemnity
At its own expense, Contractor will obtain and maintain for the duration of the Contract the insurance policies and endorsements required in Exhibit A, the Standard Short Form Contract.
Ownership of Proposals and Data
All Proposals and related information submitted by any Proposer, including the selected Contractor, to Marin Transit, will become the property of Marin Transit. None of the material submitted will be returned to any Proposer and may be made available under California Government Code section 6250, et seq.
All records, data, and related material collected and used in conjunction with the completion of the Agreement will be owned exclusively by Marin Transit. Proposer will not remove any records from Marin Transit property without receiving express permission to do so.
Compliance with the Levine Act
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract.
Proposers must submit as part of their Proposal the “California Levine Act Statement” found in Exhibit D.
Federal Transit Administration (FTA) Certifications and Grant Contract Provisions
This project is financed in part with Federal Transit Administration funds. Accordingly, Federal requirements apply to this Contract; and if those requirements change, then the most recent requirements will apply to the project as required. Contract Provisions can be found in Exhibit B. Required Federal Proposal submittals can be found in Exhibit C.
Governing Document
Any item of work contained in either the RFP or the Proposal will be performed by Contractor as though it appeared in the executed Agreement. In the event of any conflict, the terms of the Agreement and the RFP govern over the Proposal unless specifically stated otherwise.
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ATTACHMENT A: TRAVEL NAVIGATOR HANDBOOK TABLE OF CONTENTS
Travel Navigator Handbook
Table of Contents
Call Center Overview ...........................................................................................................................
Customer Service.................................................................................................................................
Understanding Disabilities .....................................................................................................................
Working with older adults and people with disabilities .........................................................................
Identifying vulnerable individuals ..........................................................................................................
Mandated Reporting ..............................................................................................................................
Tips for difficult calls ..............................................................................................................................
Call Center Scripts and Prompts ............................................................................................................
Overview of Transportation Programs and Services .............................................................................
Marin Transit and Marin Access ............................................................................................................
Fixed Route Transit .................................................................................................................................
ADA Paratransit ......................................................................................................................................
Marin Access Volunteer Driver Reimbursement Programs ...................................................................
Marin Catch-A-Ride ................................................................................................................................
Novato Dial-A-Ride .................................................................................................................................
Marin Transit Travel Training .................................................................................................................
Other Transportation Programs and Resources .....................................................................................
Other Public Transit Options ................................................................................................................
Travel Navigator Processes and Procedures .........................................................................................
Processing Applications........................................................................................................................
Paratransit ..............................................................................................................................................
Low Income Ride Scholarship .................................................................................................................
Intake Form (Catch-A-Ride, STAR) ..........................................................................................................
STAR / TRIP Reimbursement Forms .......................................................................................................
Program Eligibility Determination ........................................................................................................
Paratransit Eligibility ..............................................................................................................................
Catch-A-Ride Eligibility ...........................................................................................................................
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Low Income Scholarship Eligibility .........................................................................................................
STAR/TRIP Program Eligibility.................................................................................................................
Conducting Public Outreach .................................................................................................................
Satellite Hours and Travel Training ........................................................................................................
Ride Scheduling ...................................................................................................................................
Paratransit Scheduling ...........................................................................................................................
Catch-A-Ride Scheduling ........................................................................................................................
Mailings ..............................................................................................................................................
Databases, Software Programs and Websites ......................................................................................
Websites .............................................................................................................................................
Marin Access Website ............................................................................................................................
Marin Transit Website ............................................................................................................................
Google Transit & 511.org .......................................................................................................................
Navigator Database .............................................................................................................................
Background.............................................................................................................................................
Logging On ..............................................................................................................................................
Logging Phone Calls ................................................................................................................................
Looking up a Client .................................................................................................................................
New Client Intake ...................................................................................................................................
Paratransit Questions .............................................................................................................................
Client Information ..................................................................................................................................
Processing a Catch-a-Ride Application ...................................................................................................
Reports ...................................................................................................................................................
Links ........................................................................................................................................................
Import / Export (Marin Catch-A-Ride) ....................................................................................................
Printing Applications ..............................................................................................................................
Trapeze ...............................................................................................................................................
Background.............................................................................................................................................
Logging on ..............................................................................................................................................
Looking up a client .................................................................................................................................
Entering new or updating clients: ..........................................................................................................
R.E.D. (Regional Eligibility Database) .....................................................................................................
Background.............................................................................................................................................
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Logging in RED ........................................................................................................................................
Searching the RED for riders ..................................................................................................................
Entering Client Information RED ............................................................................................................
Quarterly Reporting RED ........................................................................................................................
Assisted Rides .....................................................................................................................................
Background.............................................................................................................................................
Logging In ...............................................................................................................................................
Adding A STAR Client ..............................................................................................................................
Entering Star Reimbursement Trips .......................................................................................................
Adding New STAR Driver ........................................................................................................................
Other Marin Transit and Marin Access Policies.....................................................................................
Title VI ....................................................................................................................................................
Reasonable Modification .......................................................................................................................
ADA Complaints......................................................................................................................................
Appendix A – Paratransit Riders Guide ..................................................................................................
Appendix B – Paratransit Riders Tips .....................................................................................................
Appendix C – Catch A Ride Riders Guide ................................................................................................
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ATTACHMENT B: TRAVEL NAVIGATOR SATELLITE HOURS SCHEDULE
Location Address Hours
Downtown San Rafael
Whistlestop Active Aging Center
930 Tamalpais Ave
San Rafael, CA, 94901
Monday through Friday
8:00 am-5:00 pm
West Marin (Point Reyes)
Dance Palace
503 B Street
Point Reyes Station, CA 94956
Third Thursday of every month
11:00 am - 1:00 pm
Canal District (San Rafael)
Albert J Boro Community Center
50 Canal Street
San Rafael, CA 94901
Second Wednesday of every month
11:00 am - 1:00 pm
Novato
Margaret Todd Senior Center
1560 Hill Road
Novato, CA 94947
Last Thursday of every other month
(January, March, May, July, September, November)
10:00 am - 12:00 pm
Marin City
Marguerita C Johnson Senior Center
640 Drake Avenue
Marin City, CA 94965
First Wednesday of every other month
(January, March, May, July, September, November)
12:00 pm - 2:00 pm
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ATTACHMENT C: CATCH-A-RIDE SERVICE PROVIDER COMPENSATION BY RIDE
Catch-A-Ride Service Provider Compensation By Ride
Compensation Type Per Trip Amount
Wheelchair in Non-Accessible Vehicle (passenger transfer to seat)
$10
Wheelchair in Accessible Vehicle (no transfer to seat)
$20
Ambulatory Passenger in Accessible Vehicle $6
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ATTACHMENT D: SAMPLE CATCH-A-RIDE SUBCONTRACT AGREEMENT
SUBCONTRACT FOR TRANSPORTATION SERVICES This Subcontract for Transportation Services (this “Agreement”) is made and entered into as of __________, 2017 (the “Effective Date”), by and among by and between VENDOR, a _____________ with its principal place of business located at ____________________ (“VENDOR”), and ___________________, a ___________________, with its principal place of business located at ____________________________________________ (“Contractor”). VENDOR and Contractor may hereinafter be referred to collectively as the “Parties” and individually as a “Party.”
RECITALS WHEREAS, VENDOR and the Marin County Transit District (the “District”) have entered into that certain Contract #_______ dated _________ (as amended, the “Master Agreement”) for operation of Catch-a-Ride services; and
WHEREAS, VENDOR desires to engage Contractor to provide, and Contractor desires to provide, certain transportation services in accordance with the terms and conditions of this Agreement and the Master Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
Master Agreement. This Agreement is subject to the Master Agreement in all respects, and the Master Agreement is hereby incorporated into this Agreement by reference. Contractor shall comply with all terms, conditions, and obligations of the Master Agreement as they relate to the services to be performed by Contractor under this Agreement, including all performance standards and the imposition of liquidated damages. Capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Master Agreement.
Term. Unless earlier terminated as provided herein, the term of this Agreement shall run concurrently with the Master Agreement, and this Agreement shall automatically terminate, regardless of notice, immediately upon the expiration or termination (regardless of the reason for termination) of the Master Agreement.
Transportation Services. Subject to the terms of this Agreement and in the Master Agreement, VENDOR hereby engages the Contractor, and the Contractor agrees to perform, the transportation services described in this Agreement and the Master Agreement (the “Services”). VENDOR shall not be responsible for any delays, issues, or conditions caused by, relating to, or resulting from actions or omissions of the District. For all work Contractor performs under this Agreement, Contractor agrees to meet all of the terms, conditions and specifications required of VENDOR in the Master Agreement.
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Days and Hours of Service: Contractor shall be available to provide the Services as required under the Master Agreement.
Trip Assignment. VENDOR will send Contractor a schedule of trip reservations via fax, email, or electronic manifest containing scheduled trips for the following day. Contractor shall confirm receipt of each schedule. Contractor is responsible for communicating the scheduled trips to its drivers and providing a mutually agreed upon service report detailing trips electronically to VENDOR at the end of each service day. Payment is based on a per mile per trip basis, based upon VENDOR-provided direct distance calculated using Google Maps.
Vehicles; Equipment. Contractor shall provide all vehicles and equipment necessary to perform the Services. Prior to placing any vehicle into service under this Agreement, Contractor shall provide VENDOR with proof of all necessary vehicle permits and licensing, as well as proof that such vehicle has passed all required inspections. All vehicles shall be made available for inspection during normal business hours as requested by VENDOR, the District, or any other governmental agency having oversight over the services under the Master Agreement. All vehicle inspection costs and expenses shall be paid by Contractor. VENDOR reserves the right to order the immediate removal from service any vehicle not in compliance with any standards of this Agreement or the Master Agreement. The vehicles shall at all times meet or exceed the vehicle standards detailed in the Master Agreement, and Contractor shall affix all decals required under the Master Agreement. Contractor shall provide all necessary maintenance and repair services for the vehicles in accordance with the Master Agreement.
On-Time Service. Service shall be considered on-time if Contractor arrives no more than fifteen (15) minutes before or fifteen (15) minutes after a scheduled pick-up time. Contractor shall ensure that it (and its drivers) strictly adheres to this on-time performance obligation. In no instance will the driver leave without authorization from his/her dispatcher. Contractor shall ensure its drivers use the shortest and quickest route between the point of origin and point of destination in order to provide efficient customer service.
Rules of Carriage. Drivers shall observe and shall require customers to observe all of the District’s rules of carriage, which include no smoking, no drinking of alcoholic beverages, no standing while vehicle is in motion, no person will put a wheelchair in motion (occupied or unoccupied) while the vehicle is moving, no person other than the driver will be allowed to operate the vehicle or the vehicle’s two-way radio, lift or ramp device, and no person will be allowed to operate a radio or any television set that can be heard by other customers. Drivers shall not smoke in vehicles designated for service under this Agreement whether customers are present or not. In addition drivers shall not operate any type of audio device while transporting customers to their destinations. Use of cell phones while vehicles are in operation in any part of the service area is strictly prohibited unless for an emergency, and any such use must be with a “hands-free” device.
Fees. Payment is based on a per mile per trip basis. During the term of this Agreement, VENDOR shall pay Contractor for services performed in accordance with the fees set forth on Exhibit A. The rate paid to Contractor shall compensate Contractor for base fare and mileage only. Contractor shall not be compensated for any other costs of providing the services, including the cost of fuel or other incidentals. Contractor shall be responsible for the payment of all taxes of every kind which result from Contractor’s performance of this Agreement and/or all amounts paid to Contractor.
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Invoices; Payment. VENDOR shall pay Contractor in arrears after the service has been provided. Contractor shall submit monthly invoices together with all fully completed supporting documentation for trips performed during the billing period. VENDOR shall determine the amount of payment due Contractor based on the documentation submitted by Contractor. Contractor acknowledges that if it is late in submitting invoices or supporting documentation, or if the invoices or supporting documentation contain errors, payment may be delayed. VENDOR shall pay Contractor within ten (10) days of receipt of payment from the District. Contractor acknowledges and agrees that invoices will not be due and payable if (i) the amount invoiced is incorrect or inconsistent with the Agreement, (ii) invoice or performance under this Agreement is in dispute, or the Contractor has clearly failed to comply with the terms of this Agreement or Master Agreement regarding the services, and/or (iii) the Services do not meet the quality requirements or have not been accepted by VENDOR or the District, and such non-acceptance is commercially reasonable or permissible under this Agreement and the Master Agreement.
Additional Contractor Obligations.
Manner of Services. Contractor shall provide the services described herein and the Master Agreement in a competent and professional manner and in a manner that is reasonably satisfactory to VENDOR and the District. Contractor shall fully and promptly cooperate with VENDOR in all aspects of the services.
Personnel. Contractor shall do all things necessary, at its sole cost and expense, to make available adequate vehicles, equipment and personnel to meet the requirements of the Services under this Agreement and the Master Agreement, including, but not limited to, employment and supervision of all personnel (including supervisors, vehicle operators, mechanics, dispatchers, and vehicle maintenance personnel), conducting training and safety programs, performing mechanical maintenance, ensuring safety and comfort on all vehicles, and providing fuel for and fueling vehicles. No fuel escalation charge is permitted during the term of this Agreement. Contractor warrants and represents to VENDOR that Contractor’s personnel have the proper skill, training, background, knowledge, experience, character, and licenses as necessary to perform services under this Agreement. Contractor will comply with all driver requirements in Section 7.
Problems; Accidents. Drivers shall immediately report to dispatch any service problems as they occur, including, but not limited to: accidents, injuries, vehicle condition, manifest errors, schedule adherence problems, customer no-show, traffic conditions, customer behavior problems, excessive customer assistance requirement, customer identification problems, fare payment problems, and any other clarification required by the driver. In the event of an accident occurring during the provision of Services under this Agreement, Contractor shall immediately notify VENDOR (phone dispatch) and provide accident documentation within 24 hours of the accident.
Complaints. Complaints against Contractor and its personnel will be taken to the District. VENDOR or the District may request removal of drivers or other Contractor personnel in the event the subject personnel is determined by VENDOR or the District of not assisting Customers in an efficient, knowledgeable, safe, professional, and/or courteous manner. Removal of any of Contractor's personnel in accordance with this Section 6(d) does not require the termination of such employee or independent contractor from Contractor's employ.
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No Joint Employment. Contractor acknowledges and agrees that VENDOR is not a joint employer of Contractor's employees or independent contractors. Contractor affirms and represents that VENDOR has no power or authority to hire and fire Contractor’s employees; that VENDOR has no supervision or control of Contractor’s employee work schedules or conditions of employment; that Contractor is the exclusive decision maker of Contractor’s methods and rates of payment to its employees; and that Contractor is the sole administrator and keeper of Contractor’s employment records.
Compliance; Permits and Licenses. Contractor shall perform the Services under this Agreement in strict compliance with the terms of the Master Agreement and all federal, state, and local laws, rules, and ordinances applicable to the Services, including all applicable requirements of the Americans with Disabilities Act of 1990 (ADA),42 U.S.C. §§ 12101 et. seq. and 49 U.S.C. § 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; and Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1612. Contractor shall be responsible to obtain, at its own cost and expense, any and all licenses and/or permits required perform the Services. If any required license is not obtained, or is suspended, revoked or terminated during the term of this Agreement, Contractor shall notify VENDOR immediately in writing of the situation and VENDOR may then suspend Contractor’s services and further payment under this Agreement or terminate this Agreement.
Equal Employment Opportunity/Affirmative Action Employer. Contractor shall comply with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60; 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 and/or 60-300; and 29 CFR Part 471, Appendix A.
Driver Requirements.
License. All drivers shall have a valid California driver's license of the type (including endorsements) that is necessary for provision of the Services. No driver may perform services under this Agreement with an expired, suspended, or revoked driver's license.
Standards. Contractor shall ensure its drivers meet the standards identified in the Master Agreement. In selecting operators, Contractor shall ensure that each successful driver candidate has on file a statement from a licensed physician certified to do Department of Transportation physical examinations that they are medically fit to drive. Drivers must be licensed drivers for at least five years, pass an alcohol and drug screen administered in compliance with Federal Transit Administration regulations, have safe driving records, with no previous suspensions for moving violations and no record of a moving violation within one year prior to service start, and be able to speak, read and write the English language sufficient to communicate with customers, dispatchers, etc., record data, and read maps.
FTA Drug and Alcohol Testing Requirements. All personnel performing Services for Contractor shall be subject to all Federal Drug and Alcohol Testing policies and procedures of the United States Department of Transportation, Federal Transit Administration (“FTA”) regulation Part 655 and 49 CFR Part 40—Procedures For Transportation Workplace Drug and Alcohol Testing Programs. VENDOR, the District, or its designated representatives are authorized to audit these records as described in herein.
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Removed Drivers. Contractor shall not assign work under this Agreement to any driver or independent contractor who was removed from service by any other provider, VENDOR, or the District.
Medical Emergency. In the event of medical emergency, the driver shall immediately pull his vehicle out of traffic and notify dispatch of the emergency. Dispatch shall immediately take appropriate measures to mitigate the emergency, including notifying the appropriate law enforcement or medical assistance personnel. The driver shall provide any assistance reasonably required and as required by the training. The driver shall stay with the customer until emergency assistance arrives.
Inspection; Audit. VENDOR and the District shall have the right to inspect and monitor all activities of Contractor’s performance under this Agreement. Contractor shall allow the authorized representatives of VENDOR, the U.S. Department of Transportation, State Department of Transportation, the Comptroller General of the United States, and the District to inspect and audit all data and records of the Contractor relating to performance under this Agreement, including payroll records. Such audit shall be allowed upon reasonable notice by VENDOR or any aforementioned agency. Further, Contractor shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed. Furthermore, Contractor shall maintain a separate set of books for all costs and revenues attributable to this Agreement and shall not commingle said books or records with any other operation of Contractor.
Insurance. Contractor shall obtain and maintain insurance of the types and in the minimum amounts required under the Master Agreement, and such insurance shall name both VENDOR and the District as additional insureds. Such insurance shall be written by an insurer having a most recent published rating by A.M. Best & Company of “A-VII” or better. Prior to commencing any work under this Agreement and no less than thirty (30) days prior to the expiration of any of these policies, certificates of insurance approved by VENDOR evidencing the maintenance of such insurance shall be furnished to the District and VENDOR. The certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until thirty (30) days after receipt of written notice to VENDOR by the insurance carrier. Contractor shall be responsible for maintaining any other coverage required by law. Contractor will furnish to VENDOR within three (3) days of request certified copies of all policies required under the Agreement. The insurance provided by Contractor shall apply on a primary basis. Any insurance maintained by VENDOR or the District shall be excess of and shall not contribute with the insurance provided by the Contractor. Contractor, on behalf of Contractor and its insurer, waives all subrogation rights Contractor or its insurer may have against VENDOR and the District (including their agents, officers, directors, and employees) for recovery of damages to the extent the damages are covered by Contractor’s required insurance. No deductible or self-insured retention in excess of $10,000 is permitted. Compliance with these insurance requirements shall not limit the liability of the Contractor. Any remedy provided to VENDOR by the insurance provided by Contractor shall be in addition to and not in lieu of any other remedy available to VENDOR under the Agreement or otherwise (including, but not limited to, the indemnity provisions of this Agreement). If at any time Contractor’s insurance expires, terminates, is canceled or is materially altered, Contractor will be immediately suspended from providing Services under this Agreement.
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Indemnification. Contractor shall indemnify, defend, protect and hold harmless VENDOR, and VENDOR’s officers, directors, employees, stockholders, agents, representatives, subsidiaries, and affiliates, at all times from and after the Effective Date, from and against all liabilities, losses, claims, damages, actions, suits, proceedings, demands, assessments, adjustments, fees, costs and expenses (including reasonable attorneys’ fees, expert witness fees and costs and expenses of investigation) incurred by VENDOR as a result of, arising from or related to (a) Contractor’s performance of the Services, (b) any damage to property or injury to or death of any persons occasioned by or related to Contractor’s performance of the Services or the acts or omissions of Contractor or its employees, agents, subcontractors, or representatives, or (c) any breach of or non-fulfillment of any covenant or agreement on the part of Contractor under this Agreement.
Termination.
Termination for Convenience. VENDOR may terminate this Agreement at any time, with or without cause and without liability therefor, upon 30 days’ prior written notice to Contractor.
Termination for Cause. VENDOR may terminate this Agreement immediately on notice to Contractor if (i) Contractor fails to perform any of its obligations under this Agreement or the Master Agreement (including, without limitation, Contractor’s failure to satisfy any of the performance measures related to the Services set forth in the Master Agreement), or VENDOR receives repeated complaints from the District regarding Contractor’s performance; (ii) Contractor’s insurance expires, terminates, is canceled or is materially altered, (iii) Contractor initiates proceedings in bankruptcy, administration, reorganization, receivership, or dissolution; (iv) proceedings in bankruptcy, administration, reorganization, receivership, or dissolution are initiated against Contractor and not dismissed within 60 days; (v) Contractor makes an assignment for the benefit of creditors; (vi) Contractor admits in writing that it is unable to pay its debts generally as they become due; or (vii) Contractor winds up or liquidates its business.
Effect of Termination. Upon Contractor’s receipt of VENDOR’s notice of termination (whether for convenience or for cause), Contractor will immediately stop work and shall incur no further obligations in connection with the terminated work. Contractor shall be entitled to receive payment for services provided in accordance with the terms of this Agreement through the date of termination; provided, however, that Contractor acknowledges and agrees that in the event VENDOR terminates this Agreement for cause, in addition to all other remedies provided herein or by law, VENDOR may obtain the services from another provider or provide such services itself, and in each case deduct the cost of doing so from the amounts due or to become due to the Contractor.
Return of Property. Within five (5) business days following termination or expiration of this Agreement, Contractor shall, without additional cost to VENDOR, provide VENDOR with all pertinent data prepared by Contractor in connection with Contractor’s performance of the Services and return to VENDOR any and all property belonging to VENDOR or the District.
Offsets. Contractor authorizes VENDOR to make deductions from amounts owing to Contractor under this Agreement that are necessary to recover damages (including penalties assessed against VENDOR by the District) related to Contractor’s breach of this Agreement or performance of the Services.
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Survival After Termination. Sections 6(e), 9, 11, 12, 13, and 14 shall survive the termination of this Agreement.
Miscellaneous.
Interpretation. Wherever the context may require, any noun or pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms. The singular form of nouns, pronouns and verbs shall include the plural and vice versa. As used in this Agreement, the term “including” is illustrative and not exclusive. Words such as “herein,” “hereafter,” “hereof,” “hereto,” and “hereunder” refer to this Agreement as a whole, unless the context otherwise requires. All headings are for convenience only and do not affect the meaning of any provision of this Agreement.
Entire Agreement. This Agreement, the Exhibits attached hereto, and the Master Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, understandings, and agreements, whether written or oral, between the Parties regarding the subject matter hereof. The Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement. This Agreement may not be changed, modified, amended, or supplemented, except in a written instrument executed by all Parties.
Waiver. The failure of a Party to enforce, or the delay by a Party in enforcing, any of its rights under this Agreement, shall not be deemed a continuing waiver or a modification thereof, and either Party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. Any waiver must be in writing. The failure of a Party to insist upon strict adherence to any term of this Agreement on one or more occasion shall not be considered a waiver or deprive that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Severability. If any of the provisions, or any portion of any provision, of this Agreement is held invalid, unenforceable, or illegal, such invalidity, unenforceability, or illegality will not invalidate or render unenforceable the other provisions of this Agreement. Rather, this Agreement shall be construed as if not containing the invalid, unenforceable or illegal provisions or portion thereof, and the rights and obligations of the Parties shall be construed and enforced accordingly.
Successors and assigns. This Agreement is binding upon, and inures to the benefit of, the Parties and their respective successors and permitted assigns. This Agreement is personal to Contractor. Contractor has no right to, and shall not, sublicense or transfer, assign or convey any of the rights granted to it hereunder to any person or entity for any use without the prior written consent of VENDOR, which consent may be withheld in VENDOR’s sole and absolute discretion. This Agreement, and any of VENDOR’s rights hereunder, may be assigned by VENDOR to any of its affiliates or any person or entity that acquires VENDOR’s business (whether by merger, acquisition of assets, acquisition of equity interests, or otherwise) without the prior written consent of Contractor.
Time of the essence. With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.
Independent Contractor. Each Party is an independent contractor and no Party hereto is or shall be considered to be the agent of the other Party for any purpose whatsoever. No Party has any
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authorization pursuant to this Agreement to enter into any contract or assume any obligation for the other Party or make any warranty or representation on behalf of the other Party. This Agreement shall not be construed so as to constitute the Parties as partners or joint venturers or so as to create any other form of legal association which imposes liability upon any Party for the acts or omissions of any other Party. The personnel performing services on behalf of Contractor under this Agreement shall at all times be under Contractor’s exclusive direction and control and shall be employees or independent contractors of Contractor and not employees or independent contractors of VENDOR or the District. Contractor shall pay all wages, salaries and other amounts due its employees or independent contractors in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. Contractor shall notify its employees by written notice that any and all obligations in connection with their employment are those of the Contractor and not of VENDOR or the District.
Governing Law; Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the U.S. and the State of California (without regard to conflicts of laws principles). If any action is brought for the enforcement of an arbitrator’s order pursuant to Section 14(h), venue for such action shall be in Marin County, California, and each Party irrevocably and unconditionally (i) consents and submits to the exclusive jurisdiction and venue of the federal courts located in Marin County, California, (ii) waives the right to trial by jury, and (iii) consents to service of process by first class certified mail, return receipt requested, postage prepaid. Such courts, as applicable, shall have personal jurisdiction with respect to such party, and such party hereby submits to the personal jurisdiction of such courts.
Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. Any signature delivered by facsimile or other electronic transmission shall be deemed to be an original signature.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.
VENDOR: VENDOR Transportation, Inc. By: Name: Title: CONTRACTOR: [Name] By: Name: Title:
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EXHIBIT A
PRICING
Base Fare: $3.50 per trip
Mileage Charge: $4.00 per mile
User Subsidies per Ride (no change)
Subsidy Type Per Trip Amount(1)
Regular Subsidy $14.00
Low-Income Subsidy $18.00 Only one ride subsidy may be applied per ride regardless of the number of eligible passengers. Marin Transit reserves the right to change the ride subsidy amounts. All trips will be subsidized a minimum of $10.00, including no-shows.
Service Provider Compensation per Ride
Additional Compensation Type Per Trip Amount (1)
Wheelchair, Transfer + $10.00
Wheelchair, Non-Transfer (Trip Done in Accessible Vehicle) + $20.00
Ambulatory (Trip Done in Accessible Vehicle(2)) + $6.00 Per trip amounts shown are in addition to the rider subsidy and fare Assumes provider has not denied any wheelchair trips during the month
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ATTACHMENT E: PRICE PROPOSAL (SAMPLE ONLY – DOWNLOAD ATTACHED EXCEL DOCUMENT)
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EXHIBITS
EXHIBIT A: STANDARD SHORT FORM CONTRACT
Contract Log #
MARIN COUNTY TRANSIT DISTRICT PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made and entered into this day of , , by and between the MARIN COUNTY TRANSIT DISTRICT, hereinafter referred to as "District" and , hereinafter referred to as "Contractor.”
RECITALS:
WHEREAS, District desires to retain a person or firm to provide the following service: ; and
WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services;
NOW, THEREFORE, for and in consideration of the Contract made, and the payments to be made by District, the parties agree to the following:
1. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof.
2. FURNISHED SERVICES: The District agrees to:
A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work.
B. Make available all pertinent data and records for review.
C. Provide general bid and Contract forms and special provisions format when needed.
3. FEES AND PAYMENT SCHEDULE: The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide District with his/her/its Federal Tax I.D. number prior to submitting the first invoice.
4. MAXIMUM COST TO DISTRICT: In no event will the cost to District for the services to be provided herein exceed the maximum sum of $ including direct non-salary expenses. As set forth in section 14 of this Contract, should the funding source for this Contract be reduced, Contractor agrees that this maximum cost to District may be amended by written notice from District to reflect that reduction.
5. TIME OF CONTRACT: This Contract shall commence on , and shall terminate on . Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services.
6. INSURANCE:
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Commercial General Liability:
The Contractor shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The District shall be named as an additional insured on the commercial general liability policy.
Commercial Automobile Liability:
Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor, Contractor shall provide comprehensive business or commercial automobile liability coverage, including non-owned and hired automobile liability, in the amount of $1,000,000.00.
Workers’ Compensation:
The Contractor acknowledges the State of California requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self-Insure shall be provided to the District prior to commencement of work.
Errors and Omissions, Professional Liability or Malpractice Insurance.
Contractor may be required to carry errors and omissions, professional liability or malpractice insurance.
All policies shall remain in force through the life of this Contract and shall be payable on a "per occurrence" basis unless District specifically consents to a "claims made" basis. The insurer shall supply District adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to commencement of work. Should any of the required insurance policies in this Contract be cancelled or non-renewed, it is the Contractor’s duty to notify the District immediately upon receipt of the notice of cancellation or non-renewal.
If Contractor does not carry a required insurance coverage and/or does not meet the required limits, the coverage limits and deductibles shall be set forth on a waiver, Exhibit C, attached hereto.
Failure to provide and maintain the insurance required by this Contract will constitute a material breach of this Contract. In addition to any other available remedies, District may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage.
7. ANTI DISCRIMINATION AND ANTI HARASSMENT: Contractor and/or any subcontractor shall not unlawfully discriminate against or harass any individual including, but not limited to, any employee or volunteer of the Marin County Transit District based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any subcontractor understands and agrees that Contractor and/or any subcontractor is bound by and will comply with the anti discrimination and anti harassment mandates of all Federal, State and local statutes, regulations and ordinances.
8. SUBCONTRACTING: The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the District except for any subcontract work identified herein. If Contractor hires a subcontractor under this Contract, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Contract and shall require subcontractor to name Contractor and Marin County Transit District as an additional insured under this Contract for general
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liability. It shall be Contractor’s responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the District evidence of same.
9. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the District.
10. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein.
11. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit District to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at District's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from District. Contractor shall refund any monies erroneously charged.
12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR: Any and all work product resulting from this Contract is commissioned by the Marin County Transit District as a work for hire. The Marin County Transit District shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product.
To the extent Contractor incorporates into the work product any pre-existing work product owned by Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the Marin County Transit District.
13. TERMINATION: A. If the Contractor fails to provide in any manner the services required under this Contract or
otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the District may terminate this Contract by giving five (5) calendar days written notice to the party involved.
B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s).
14. APPROPRIATIONS:
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The District's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Marin County Transit District Board of Directors, the State of California or other third party. Should the funds not be appropriated District may terminate this Contract with respect to those payments for which such funds are not appropriated. District will give Contractor thirty (30) days’ written notice of such termination. All obligations of District to make payments after the termination date will cease.
Where the funding source for this Contract is contingent upon an annual appropriation or grant from the Marin County Transit District Board of Directors, the State of California or other third party, District's performance and obligation to pay under this Contract is limited by the availability of those funds. Should the funding source for this Contract be eliminated or reduced, upon written notice to Contractor, District may reduce the Maximum Cost to District identified in section 4 to reflect that elimination or reduction.
15. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent Contractor and not as officers, employees or agents of the District. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and workers’ compensation.
16. AMENDMENT: This Contract may be amended or modified only by written Contract of all parties.
17. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to District, as is evidenced in writing.
18. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California.
19. INDEMNIFICATION: Contractor agrees to indemnify, defend, and hold District, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney’s fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor’s negligence, recklessness or willful misconduct in the performance of this Contract.
20. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all Federal, State and local laws and resolutions: including, but not limited to the County of Marin Nuclear Free Zone and Living Wage Ordinance Copies of any of the above-referenced local laws and resolutions may be secured from the Contract Manager referenced in section 21. In addition, the following NOTICES may apply:
1. Pursuant to California Franchise Tax Board regulations, District will automatically withhold 7% from all payments made to vendors who are non-residents of California.
2. Contractor agrees to meet all applicable program access and physical accessibility requirements under State and Federal laws as may apply to services, programs or activities for the benefit of the public.
3. For Contracts involving any Federal Transit Administration grant funds, Exhibit D must be attached. Exhibit D provides all Federal Transit Administration Contract Provisions relevant to this Contract.
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4. For Contracts involving any State or Federal grant funds, Exhibit E must be attached. Exhibit E shall consist of the printout results obtained by search of the System for Award Management at www.sam.gov.
Exhibit E - Debarment Certification
By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below.
• The certification in this clause is a material representation of fact relied upon by District. • The Contractor shall provide immediate written notice to District if at any time the Contractor
learns that its certification was erroneous or has become erroneous by reason of changed circumstances.
• Contractor certifies that none of its principals, affiliates, agents, representatives or contractors are excluded, disqualified or ineligible for the award of contracts by any Federal agency and Contractor further certifies to the best of its knowledge and belief, that it and its principals:
• re not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency;
• Have not been convicted within the preceding three-years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against it for one of those offenses within that time period;
• Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in 2 CFR 180.800(a);
• Have not had one or more public transactions (Federal, State, or Local) terminated within the preceding three-years for cause or default.
• The Contractor agrees by signing this Contract that it will not knowingly enter into any subcontract or covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
• Any subcontractor will provide a debarment certification that includes the debarment clause as noted in preceding bullets above, without modification.
21. NOTICES: This Contract shall be managed and administered on District’s behalf by the Department Contract Manager named below. All invoices shall be submitted and approved by this Department and all notices shall be given to District at the following location:
Contract Manager:
Dept./Location:
Telephone No.:
Notices shall be given to Contractor at the following address:
Contractor: Address:
Telephone No.:
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22. ACKNOWLEDGEMENT OF EXHIBITS
Check applicable Exhibits CONTRACTOR’S INITIALS
EXHIBIT A. Scope of Services
EXHIBIT B. Fees and Payment
EXHIBIT C. Insurance Reduction/Waiver
EXHIBIT D. Federal Transit Administration Contract Provisions
EXHIBIT E. Contractor’s Debarment Certification
EXHIBIT F. Subcontractor’s Debarment Certification
IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written.
APPROVED BY CONTRACTOR MARIN COUNTY TRANSIT DISTRICT: By: __________________________________ Name: _______________________________ Title: ________________________________ By:__________________________________
COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified)
County Counsel: _______________________________________ Date: ____________________________________
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EXHIBIT “A”
SCOPE OF SERVICES (required)
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EXHIBIT “B”
FEES AND PAYMENT SCHEDULE (required)
DISTRICT shall pay CONTRACTOR as follows:
(1) BASE CONTRACT FEE. DISTRICT shall pay CONTRACTOR a contract fee of $____ per month not to exceed $____ during the term of the contract. CONTRACTOR shall submit requests for payment via invoice net 30 days following provision of services.
(2) MILEAGE. DISTRICT shall not pay CONTRACTOR for travel by private, leased or hired vehicles as required by this Contract.
(3) TRAVEL COSTS. DISTRICT shall not pay CONTRACTOR for meals, lodging, or other travel costs not included in this Contract. All costs above base contract fee (the not to exceed limit) are capped at $_____.]
(4) AUTHORIZATION REQUIRED. Services performed by CONTRACTOR and not authorized in this Contract shall not be paid for DISTRICT. Payment for additional services shall be made to CONTRACTOR by DISTRICT if, and only if, this Contract is amended by both parties in advance of performing additional services.
(5) MAXIMUM CONTRACT AMOUNT. The maximum term of this Contract is $________. The maximum amount payable to Contractor under this Contract for this period shall not exceed $______.
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EXHIBIT “C”
INSURANCE REDUCTION/WAIVER (if applicable)
CONTRACTOR:_________________________________________________
CONTRACT TITLE:______________________________________________
Contractor's professional liability insurance may be provided, in part, by self-insurance or large deductible as long as contractor provides: (1) evidence to the District that contractor has segregated amounts in a special insurance reserve fund meeting the contract's insurance requirements and restricted specifically to this project or (2) contractor's general insurance reserves are adequate to provide the necessary coverage and the Marin County Transit District may conclusively rely thereon.
This statement shall accompany all requests for a reduction/waiver of insurance requirements. Please check the box
if a waiver is requested or fill in the reduced coverage(s) where indicated below:
Check Where Applicable
Requested Limit Amount
CAO
Use Only
General Liability Insurance
$
Automobile Liability Insurance
$
Workers’ Compensation Insurance
Professional Liability Deductible
$
Please set forth the reasons for the requested reductions or waiver.
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Contract Manager Signature:
Date:
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EXHIBIT B: FTA GRANT CONTRACT PROVISIONS FOR PROFESSIONAL SERVICES
1) FEDERAL OBLIGATION
a) Marin Transit and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to the contract and shall not be subject to any obligations or liabilities to Marin Transit, the Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
b) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions.
2) PROGRAM FRAUD, FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the Marin Transit of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
c) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
3) ACCESS TO RECORDS AND REPORTS
Contractor shall provide all authorized representatives of Marin Transit, the FTA Administrator, and the Comptroller General of the United States access to any books, documents, papers and records of the Contractor that are directly pertinent to this Contract for the purposes of making audits, copies, examinations, excerpts and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Contractor also agrees to
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maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain the same until Marin Transit, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
4) FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Marin Transit and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
5) TERMINATION
a) Termination for Convenience - Marin Transit, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, Marin Transit shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
b) Termination for Default [Breach or Cause] - If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, Marin Transit may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by Marin Transit that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, Marin Transit, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
c) Opportunity to Cure - Marin Transit in its sole discretion may, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to Marin Transit's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within the stated time period after receipt by Contractor of written notice from Marin Transit setting forth the nature of said breach or default, Marin Transit shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Marin Transit from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d) Waiver of Remedies for any Breach - In the event that Marin Transit elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Marin Transit shall not limit Marin Transit's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
6) CIVIL RIGHTS
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a) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
b) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
i) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
ii) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
iii) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
c) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
7) DISADVANTAGED BUSINESS ENTERPRISE
a) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
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Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 6%. A separate contract goal has not been established for this procurement.
b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Marin Transit deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c) The successful Contractor will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. The Contractor will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
d) The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from Marin Transit. In addition, the contractor may not hold retainage from its subcontractors.
e) The Contractor must promptly notify Marin Transit, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Marin Transit.
8) INCORPORATION OF FTA TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any of Marin Transit’s requests which would cause Marin Transit to be in violation of the FTA terms and conditions.
9) SUSPENSION AND DEBARMENT (for contracts over $25,000)
The Contractor, including any of its officers or holders of a controlling interest, and its subcontractors are obligated to inform Marin Transit whether or not they are or have been debarred, suspended, ineligible or voluntarily excluded from participation in federally funded contracts and pursuant to Executive Order Nos. 12549 and 12689, "Debarment and Suspension", 31 U.S.C. §6106 note and U.S. DOT regulations 49 CFR Part 29. Should Contractor or a subcontractor be included on such a list or determined ineligible during the performance of this Contract, the Contractor shall so inform Marin Transit. The Contractor is required to include this provision in any lower tiered subcontract where the contract amount is over $25,000.
10) RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION (for contracts over $100,000)
a) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Marin Transit's General Manager. This decision shall be final and conclusive unless within ten (10) days from the date of
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receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the General Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the General Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.
b) Performance During Dispute - Unless otherwise directed by Marin Transit, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Marin Transit and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which Marin Transit is located.
e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Marin Transit, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
11) LOBBYING RESTRICTIONS (for contracts over $100,000)
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
12) CLEAN AIR (for contracts over $100,000)
a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
13) CLEAN WATER (for contracts over $100,000)
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a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
14) ENERGY CONSERVATION
Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §6321 et seq. and 49 CFR Part 18.
15) PRIVACY ACT
The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
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EXHIBIT C: FTA CERTIFICATION FORMS
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
• Certification Regarding Lobbying
• Form LLL
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CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
(Pursuant to 49 CFR Part 29, Appendix B)
A. By signing and submitting this Proposal, the Proposer is providing the signed certification set out below.
1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
2. The Proposer will provide immediate written notice to MARIN TRANSIT if at any time the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 (49 CFR Part 29). You may contact MARIN TRANSIT for assistance in obtaining a copy of those regulations.
4. The Proposer agrees by submitting this Proposal that, should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the department or agency with which this transaction originated.
5. The Proposer further agrees by submitting this Proposal that it will include the clause entitled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion”, as set out below in Subsection (B), in all subcontracts and in all solicitations for lower tier covered transactions as modified to identify the subcontractor.
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6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing will be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under Paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction
1. The Proposer certifies, by submission of this bid or Proposal, that neither it nor its “principals,” as defined at 49 C.F.R. § 29.105(p), is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. If Proposer is unable to certify to the statements in this certification, Proposer will attach an explanation to this Proposal.
Date:
Name of Proposer:
Signature:
Print Name/Title:
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date
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Form LLL
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EXHIBIT D: CALIFORNIA LEVINE ACT STATEMENT
California Government Code § 84308
CALIFORNIA LEVINE ACT STATEMENT
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a Contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the Contract award, and for three months following the final decision, from the person or company awarded the Contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
Marin Transit’s Board of Directors Include:
Damon Connolly Katie Rice
Kathrin Sears Dennis Rodoni
Judy Arnold Stephanie Moulton-Peters
Kate Colin Eric Lucan (alt)
1. Have you or your company, or any agent on behalf of you or your company, made any
political contributions of more than $250 to any Marin Transit Board Member in the 12 months preceding the date of the issuance of this request for qualifications?
___ YES ___ NO
If yes, please identify the director: __________________________________________________
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any Marin Transit director in the three months following the award of the Contract?
___ YES ___ NO
If yes, please identify the director: __________________________________________________
Answering yes to either of the two questions above does not preclude Marin Transit from awarding a Contract to your firm. It does, however, preclude the identified director(s) from participating in the Contract award process for this Contract.
DATE (SIGNATURE OF AUTHORIZED OFFICIAL) (TYPE OR WRITE APPROPRIATE NAME, TITLE) (TYPE OR WRITE NAME OF COMPANY)